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JOURNALS
of the
House of Burgesses
of Virginia
1761--1765
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UNIVERSITY
OF PITTSBURGH
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LIBRARY
The Houfe of Burgeffes
of Virginia
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HENKV S. IN CllARECTTE CoUXTV. ViRGIXIA.
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JOURNALS
of the
H
OUSE 0
/B
URGESSES
of
VIRGINIA
1761-1765
Edited by
JOHN PENDLETON KENNEDY
RICHMOND, Virginia
M C M V I I
<(
CONTENTS
Preface
• ■
vii
Burgesses
3. 31. 45. 63,
169, 201, 225, 313
Prorogations .
27, 42, 59, 166,
197, 222, 309, 364
Journal 1761, November Session
5
Journal 1762, January Session
33
Journal 1762, March Session
47
Journal 1762, November Session
65
Journal 1763 .
171
Journal 1764, January Session
203
Journal 1764, October Session
227
Journal 1765 .
315
Index
367
Library Board
Virginia State Library
ARMISTEAD C. GORDON, Chairman
CHARLES V. MEREDITH
S. S. P. PATTESON
JOHN W. FISHBURNE
THEODORE S. GARNETT
THE new Affembly of Virginia which convened November 3'''^, 1761, continued
to meet under various prorogations until June i''*, 1765, when it was dif-
folved. During this period the Houfe of Burgeffes met eight times, though
there were only feven difttncl feffions, ' fince the Octo6^r meeting of 1764 adjourned to
meet on the i'* of May following.
The Journal of feffion beginning November 3'"'^, 1761 and continuing to the 14*''
of the fame month, contains twenty-eight pages, including the title page. A printed
copy of this Journal is located in the Virginia State Library, while the original man-
ufcript is on file in the Britifh Record Office in London .
The firft feffion of 1762 convened on January 14*^ and was prorogued on the 21^'
of the fame month. Two printed copies of this Journal are known to exift, though it
is not unlikely that others will be found located in private collections. One copy of the
Journal in queftion is in the Library of Congrefs and the other in the Virginia State
Library. In each inftance the text of thefe copies commences on page three and ends
with page fourteen, which would indicate that title pages were printed though not pre-
ferved. The original manufcript for this and fucceeding feffions of 1762 contained in this
volume are located in the Public Record Office in London.
The fecond feffion of 1762 met March 30*'' and was prorogued on the 7'^ of April
following. Printed copies of this Journal have no title pages, the text beginning on
page three and ending on page fixteen. The only copy of this Journal known to exift
in a public inftitution is in the Virginia State Library. In this and other Journals of the
feffions of this particular Affembly, where the text begins on page three, bibliographers
frequently record an eiToneous pagination. In this particular inftance this Journal is
faid to contain thirteen pages, while in fa(ft the laft page of the text is fixteen. This is
due, no doubt, to infufficient bibliographical information being fumiChed ftudents work-
ing on this fubjecl.
The third and laft feffion of 1762 met on November 2'^«'and continued mitil the 23''''
of the following December. The only printed copy of this Journal recorded at the
prefent time, is in the Virginia State Library, and like the preceding feffions the text
begins on page three. This copy likewife contains no title page though perfedl in every
other refped;. The text ends with page one hundred and fixteen.
But one feffion of the affembly was held in 1763. The Burgeffes met during that
year on May 19* and were prorogued on the 31'^' of the fame month. Unlike other
Journals of this particular affembly the text begins on page one. This would indicate
that no title page was printed in this particular inftance, and the Journal is apparently
complete in thirty-one pages of printed matter. Printed copies of this Journal are to
be found in the Library of Congrefs and in the Virginia State Library.
There were two feffions of the affembly in 1764, the firft extending from the 12'''
of January to the 21^' of the fame month. The Journal of this feffion evidently had a
title page at one time as the text begins on page three. The only printed copy of this
Journal known at the prefent time is located in the Virginia State Library, and it con-
tains twenty -five pages.
The
t The bibliographical information concerning the Journals herein printed, is bafed upon copies located in
American libraries only. An effort is now being made to locate additional copies in foreign collections, and
when this is accomplifhed the copies known to be in the Britifh Record Oftice will be lifted.
[ viii ]
The fecond feffion of 1764 convened on October 30'^ and continued in feffion until
the 2 1 " of December following. So far as is known there is not a complete printed copy
of this Journal extant. The copy in the Virginia State Library begins on page three
and ends on page feventy-eight, which carries the feffion through Thurfday, December
13"^ only. There is likewife an imperfedt copy in the Library of Congrefs, which con-
tains eighty-eight pages of printed matter, including the records of the meeting of
December iS'*". That this Journal was publifhed in full is indicated by a continuous
pagination covering this feffion and the feffion which convened on May i^S 1765, the
copy in queftion ending on page feventy-eight and the feffion of 1765 beginning on page
ninety-nine. This would indicate twenty pages miffing, as the text of all feffions begin
on the redo page. It was'neceffary, therefore, to have a tranfcript of this Journal made
from the original in the Britifh Record Office in London, which not only gives a complete
record of this feffion, but determines that it was prorogued on the 21 f' day of December,
1764.
The final feffion of this Affembly met on May i f', 1765 and continued until the firft
of June of the fame year. As noted in the preceding paragraph the paging of this
Journal commences with page ninety-nine and ends with page one himdred and fifty-
four. There are two printed copies of this Journal in public inftitutions, one being in
the Virginia State Library, and the fecond in the Library of Congrefs. The latter copy
is reported as being imperfedt.
Hening, in his "Statutes At Large," records the acts of this feffion of the Affembly
as paffed in Odober, 1765. Stayiard' likewife affumes that two feffions were held dur-
ing that year. Both are in error, however, as the adls recorded by Hening under date
of Odober, 1765, were adltually paffed at the May feffion of the fame year. This isat-
tefted by the Journal of the feffion in queftion, which fhows clearly the adls referred
to were paffed at that time. That no feffion of the Affembly was held in Odober, 1765,
is attefted by the fact that the new Affembly, which followed as the refult of the diffo-
lution proclamation of June i '' 1 765, did not take the oath of office imtil Thurfday the
fixth of November, 1766.
The great problem of Virginia in 17 61 was to efifedt a thorough and complete under-
ftanding with the various Indian nations along the frontier. The Cherokees in the
South and Southweft had always been a fource of great alarm, efpecially to the pro-
moters of the Weftward ]\Iovement, as were the Six Nations who claimed a large portion
of what is now Weft Virginia. To bring about complete and fatiffadtory treaties with
thefe Indians, was, therefore, not only the defire of the Mother Country, but an abfolute
neceffity for Virginians. The Carolinas occupied a fimilar pofition to that of Virginia,
and but for co-operation upon the part of thefe colonies, it is doubtful whether the
numerous treaties with the Cherokees from 1661 to 1772 could have been effedled.
After confiderable difcuffion of the plans of procedure, which was calculated to
bring about an early and fatiffadlory peace between the Indians and the Colonies, it
was determined that Pennfylvania and New Jerfey fhould make an effort to treat with
the Six Nations, while to Virginia and the Carolinas was left the tafk of bringing the
Cherokees to terms. This was not an ea£y imdertaking, as the tribes in queftion covered
an enormous territory, and poffeffed feveral thousand warriors.
In order to thoroughly appreciate the extent of the country occupied at various
times by the Cherokees, it is interefting to know that in 1693 they inhabited the well
watered regions of the Carolinas, including the valleys of the Catawba, Broad, Saluda,
Keowee, Tugaloo, Savannah and the Coofa Rivers, on the Eaft and South, and various
tributaries of the Tenneffee on the North and Weft. This was pra(5tically an unlimited
territory at that time, and as no treaties exifted between any two Indian Nations as to
their territorial limits, much ftrife and bloodfhed refulted. Charles C. Royce' in hig
"Cherokee Nation of Indians" ftates " that the Indians had no definite and concurrent
underftanding with their furrounding favage neighbours as to where the poffeffions of
one left off and thofe of the other began. The ftrength of their title to any particular
tradt of covmtry ufually decreafed in proportion to the increafe of the diftance from
their
I Virginia Colonial Regifter, p. 170. ' Fifth Annual Report, Bureau of Ethnology, p. 140.
[ix]
their villages ; and it commonly followed as a refult that a confiderable ftrip of territory
between the fettlement of two powerful tribes, though claimed by both, was practically
confidered as neutral ground, and the common hunting ground of both. As has already
been ftated, the extreme Eaftem fettlements of the Cherokees in South Carolina in 1693
were in the diftri(5t lying between the Catawba and Broad Rivers, and no claim has been
found fhowing the exiftence at any time of any affertion of territorial right in their
behalf to the Eaft of the former ftream. But, neverthelefs, on Bowen's map of (ob-
vioufly copied from early maps) there is laid down the name of 'Keowec' or 'Old Town.'
The location of town was on Deep River in the vicinity of the prefent town of Afhborough,
N. C. It was a favorite name of the Cherokees among their towns, and aflfords a ftrong
evidence of at leaft a temporary refidence of a portion of the tribe in that vicinity.
A map executed by John Senex in 172 1 defines the Indian boundary in this region as
following the Catawba, Wateree and Santee Rivers as far down as the moft wefterly bend
of the latter ftream, in the vicinity of the boundary line between Orangeburg and Charlef-
town diftridts, whence it purfued a fouthwefterly courfe to the Edifto River, which it
followed to the fea. The fouthem portion of this boundary was, of courfe, a definition
of limits between Carolina and the Creeks, or rather of certain tribes that formed com-
ponent parts of the Creek Confederacy. No evidence has been difcovered tending to
fhow an extenfion of Cherokee limits in a fouthem diredtion beyond the point mentioned
above on the Edifto River, which, as near as can be afcertained, was at the junction of
the North and South Edifto. Following from thence up the South Edifto to its fource
the boundary purfued a fouthwefterly courfe, ftriking the Savannah River in the
vicinity of the mouth of Stevens Creek, and proceeding thence northwardly along the
Savannah."
"On the borders of Virginia and North Carolina, the ancient limits of the Cherokees
feem to be alfo fhrouded in more or lefs doubt and confufion. In general terms, however,
it may be faid that after following the Catawba River to its fource in the Blue Ridge the
courfe of thofe mountains was purfued imtil their interfedtion with the continuation of
the Great Iron Moutain range, near Floyd Court Houfe, Virginia and thence to the
waters of the Kanawha or New River, whence their claim continued down that ftream
to the Ohio. At a later day they aKo fet up a claim to the country extending from the
mouth of the Kanawha down the Ohio to the ridge dividing the waters of the Cumberland
from thofe of the Tenneffee at the mouth of thofe ftreams, and thence following that
ridge to a point northeaft of the mouth of the Duck River ; thence to the mouth of Duck
River on the Tenneffee, and continuing up with the courfe of the latter river to Bear
Creek; thence along the faid Creek to a point called Flat Rock, from there to the Ten
Iflands in Coo fa River. "
Another account of the poffeffions of the Cherokees is given by Adair in his " Amer-
ican Indians." This famous trader traveled for forty years among the Cherokees, and
as a refult of the obfervations outlines the boimdary of their country as it exifted in
1750: "The country lies in about 30 degrees north latitude at the diftance of 340 com-
puted miles to the north weft of Charlefton, 140 miles fouthweft from the Katawba Nation,
and about 200 miles to the North of the Mufkohge or Creek Country. They are fettled
nearly in an eaft and weft courfe about 140 miles in length from the lower towns, where
Fort Prince George ftands, to the late unforttmate Fort Loudoun. The natives make
two divifions of their cotmtry, which they term 'Ayr ate' and 'Otarre,' the one fignifying
the 'low' and the other 'mountainous.' "
It will be feen from the boimdaries herein given that the portion of the coimtry
claimed by the Cherokees in 1760, comprifed a large part of what is now Southweftem,
Virginia, Weft Virginia and Kentucky, which the Six Nations alfo claimed by right of
conqueft. This vaft territory gave the Cherokees a wide range of influence which enabled
them to be the moft prominent of frontier factors. This Virginia recognized and in
confidering the acquifition of territory fully realized the power of the enemy, and the
magnitude of any undertaking that contemplated fubduing them.
The
[x]
The Cherokee nation as early as 1716, when a cenfus of the Indian tribes of the
Carolinas' was taken, numbered 11,210, of whom 4.000 were warriors. Adair alleges
that there were 6,000 warriors in 1735, but that three years later small-pox reduced
this number fully fifty per cent. No other corredt eftimate of the number of wan-iors
of this tribe feems to have been made until about the time of the clofe of the Revolution,
when, as a refult of their many conflicts with the whites they numbered only 2,300
warriors. It is, therefore, fafe to prefume that in 1761 there were at leaft 5,000 fight-
ing men in the Cherokee nation, and this force was to be reckoned with by Virginia
troops, which feldom numbered over i ,500 fighting men. Unfortunately for the Colonies
the French effected a treaty with the Cherokees in 1760, which refulted in a union of
forces of the two nations in their war with Great Britain. This treaty, however, was of
fhort duration, as Governor Littleton of South Carolina, recognizing the neceffity for
immediate adlion, marched againft the Indians and after defeating them concluded a
treaty, wherebv the Cherokees agreed to annul the Cherokee-French agreement and pledge
their fupport to Great Britain. This action upon the part of South Carolina faved
much bloodfhed along the borders and made poffible the treaty of Charles Tonm in 1761.
By this treaty an agreement was reached, whereby the boundaries between the Indians
and the Colony of South Carolina was declared to be the fources of the great rivers
emptying into the Atlantic Ocean.
This feries of fucceffes caufed Virginia to examine into the condition of its frontier,
and aroufed a determination to effedt an underftanding with the Cherokees that would
infure peace and contentment to weftem fettlers. The troops raifed by Virginia in the
Spring of 1 761, to adt in conjundtion with the troops of North Carolina under Colonel
Grant were available for this purpofe. Governor Fauquier, however, was evidently inclined
to relieve the Colony of the burden of maintaining a regiment in the time of peace, though
in his opening addrefs on Thurfday, November 3'''^ 1761, he fuggefts that the queftion of
difbanding the regiment muft be confidered by the Affembly " as you were the moft com-
petent Judges of the Condition of the Frontiers." But having received a letter from
Sir Jeffrey Amherft diredting that the regiment be maintained until peace had been con-
cluded with the Cherokee Indians, it was his duty to effedt fuch a refult as the Colonial
Secretary recommended. This plan was agreed to by the Burgeffes at a time when
Colonel Stephen, upon whom the command of the regiment had devolved, was camped
on Big Ifland in the main branch of the Holfton River. The prefence of Virginia troops
at this point had had the effect of quieting the Indians and giving rife among them of
a general feeling for peace, and had the regiment been difbanded at that time much dif-
content would have been felt throughout the Colony. Colonel Stephen had advifed Gover-
nor Fauquier, that various Indian chiefs had vifited the camp on Big Ifland early in Jan-
nary with articles of peace, urging at the fame time that an agreement be effected be-
tween Virginia and the Cherokees, that would eftablifli a firm and friendly basis of un-
derftanding. Nothing, however, was accompliflied as the refult of thefe vifits, though the
prefence of troops in clofe proximity to the Indian lands had a falutary efTed. There
was nothing to do, therefore, but to await the refults of the peace conference then being
held in South Carolina. Big Ifland being an undefirable location for troops, the gov-
ernor iffued orders to Colonel Stephen to march to Stahlnaker's, where the regiment
could be more eafily reached and provided for than at the camp on the Holfton. This
order was obeyed and the troops remained at Stahlnaker' s \inti\ Colonel Stephen advifed
Governor Fauquier, that articles of peace had been figned between Governor Bull and
the chiefs of the Cherokee nations, when he was ordered to march to Fort Lewis and
difband his regiment. This order being iffued, the affembly was at once called to-
gether to be acquainted with the adion of the Governor, which it approved fliortly af-
ter convening.
Having reached an underftanding with the Cherokees, which unfortunately proved
to be of fliort duration. Governor Fauquier at once turned his attention to the Six
Nations, he having written to Governor Hamilton of Pennfylvania fome months before
for information concerning them. In this communication the Governor afked for a full
account
[xi]
account of what had paffed between the king's officers and the Indians, in relation to
lands weftward of theAlleghanies. Replying, under date of June 2 2"<i 1761, Governor
Hamilton £et forth in detail fuch information as he had at his command, and at the
fame time called particular attention to fuch treaties as had been promulgated from
1758 to 1 761. In this letter the fears of the Colony of an uprifmg of the Six Nations
were at once fet at reft, the Governor being advifed that General Amherft had fatiffied
the Indians that no attempt would be made to take away any of their lands :
A NARRATIVE' OF WHAT HATH PASSED BETWEEN THE
KING'S GENERALS, GOVERNORS, ETC., AND THE INDIANS: IN
RELATION TO LANDS; BEING DESIGNED AS AN ANSWER TO
GOV' FAUQUIER'S LETTER OF THE 22 OF JUNE 1761.
In Odober 1758 Peace was confirmed between His Maj'^y'^ Subjedls, and
the Delawares and their Allies' the Minifinks, Mohickons, Opies and other
Nations living on the Sufquehannah, in the prefence of the Deputies of the Six
Nations.
In this Treaty the Proprietors of Pennfylvania releafed all the Lands within
their province to the Weftward of the Allgeheny hills to the Indians of the Six
Nations, from whom they had before purchafed them, and folemnly engaged
" That no white people fhould make Plantations or Settlements on the Lands
to the Weftward of thofe Hills. "
In December 1758 Gen' Forbes took poffeffion of Fort du Quefne, but being
fick, he was obliged to depart before the Indians could affemble to treat with him.
Col. Bouquet was left in the Command there, who received the Indians
and confirmed the Peace made at Eafton, and further expreffly affured them:
" That the King did not fend his Generals to hurt the Indians, or to take their
lands from them. "
In the beginning of January 1759, Nine Chiefs of the Six Nations Shawa-
nefe and Delawares, with forty of their people living at and in the neighbor-
hood of Baccaloone an Indian Town near the head of the Ohio, came to Pittfburg,
fent, as they faid on purpofe to be informed of the Terms of the Peace, which
they were told had been made between the Englifh and the Indians.
Col. Mercer then having the Command at Pittfburg, fent them forward to
Philadelphia, in order that they might receive an anfwer from Gen' Forbes but
he being ftill extremely indifpofed and unable to receive them, defired Gov
Denny, after the Indians had made him acquainted with their bufmefs, which
was as above fet forth to return them an anfwer ; to lay before them the con-
tents of the late treaty at Eafton and to affure them; " That the Englifh had no
intention to make Settlements in their Hunting Cotmtry beyond the Allegheny
Hills; unlefs they fhould be defired, for the conveniency of the Indians, to
eredt Store houfes in order to eftablifh and carry on the Trade. "
Thefe Deputies ftay'd in Philadelphia till April, when Gen' Amherft com-
ing thither on a vifit to M"" Forbes, conferred with them, and with one Thomas
King an Oneida Chief, who had affifted in the Weftem Campaign, and was
lately come from Pittfburg, and in thofe Conferences M"" Amherft affured thofe
Deputies : " That the King's Generals would continue to a<5t up to all the engage-
ments His Maj''^'^ fubjedls had entered into with the Indians."
Governor Denny took an opportunity of communicating to Thomas King,
the anfwer of Gov Fauquier to the enquiries which had been made by the Six
Nations at Eafton about one Squeffatego, and accompanied it with proper Belts
and Strings, and defired Thomas King to deliver all to the Council at Onandago.
In July 1759 there was a very great meeting of Indians at Pitfburg, and
many of the Chief Men of the Delawares, Shawanefe and Wyondots, who had
powers from the Chippawas, Ottaws, Putewatimies, Twightwees, Cufcufkies,
Kecopes
I Bancroft Tranfcripts — Library of Congrefs.
[ xii]
Kecopes, Spocky's, and Mufquakes, were of the Company. The late Treaty
at Eafton had been fent to thofe Nations, by a folemn deputation from the
Indians who were prefent at that Treaty.
To which Deputation M"" Poft and Cap" Bull were joined on the part of
the Govern'. The Treaty was read and explained to them in their Coiincils at
Kufkufky, Sawkung and Logftown, and thofe Indian Chiefs were now come to
confirm it.
General Forbes, being dead, and Gen' Stanwix, who fucceeded to the Com-
mand, not being arrived, M'' Croghan Deputy Superintendent of Indian affairs
under Sir W"* Johnfon, was obliged to hold the conferences, in which all the
agreements made at Eafton, together with the peace were confirmed and the
Article relating to Lands was expreffly mentioned in thefe words.
CROC HAN'S ADDRESS TO THE SIX NATIONS.
Brethren,
"The complaint which your people, three years ago made to the Gov. of
Pennfylvania about their Lands, (meaning the lands to the Weftward of the
Allegheny Hills) was fettled at the Treaty of Eafton, and a line fettled by your
people and the Six Nations to their fatiffadlion ; and you may depend on it, that
your Brethren the Englifh will never violate their engagement ; and that the
King's General and all the Governors on this continent will ratify and confirm
it, in the firft General meeting you fhall have with them. "
It was further faid, that the General was on his way to build a Trading Houfe
to fecure the goods, brought by the Englifh Traders, for the ufe of the Indians,
from the Infults of the French. And they were affured, that as foon as the
Enemy were driven out of their Country, in which they were defired to be
afiifting, the General would depart their Country, after having fecured our
Trade with them and our Brethren to the Weftward.
In Odober 1759 General Stanwix held a Treaty with the Delawares, Sha-
wanefe, Wyondots and Six Nations at Pittfburg wherein he made the following
fpeech among others :
ADDRESS OF GENERAL STANWIX TO THE INDIANS.
Brothers.
" No Nation could ever charge the English with a breach of Treaty ;
every thing relating to the peace made between us has been performed on our
parts. The Original draught of the Boundary line fettled between us and the
Six Nations at the Treaty at Eafton was delivered to them, and here is a copy
fent by Gov. Denny to fhew to the Delawares and Shawanefe to prevent any
difputes hereafter arifmg upon that head." Then he opened the Road to
Piifburgh: letting the Indians know, that his Maj'^ had been at a confiderable
expence to eftablifh a Trading Houfe there.
In April 1760 Gen. Anther ft (by Frederick Poft, then propofing to go to the
Ohio) sent the Indians there a Meffage to quiet their minds, which had been
much difturbed on fome ftories being propagated among them, as if the Englifh
intended to take their lands from them, and fettle quite up to the Ohio. M''
Poft being prevented from going, the Meffage of Genl Amherft was fent to Gen'
Moncton who then commanded at Piifburgh and was by him delivered to the
Indians at a great Council in Anguft 1760 in thefe Words:
ADDRESS OF GENERAL MONCTON TO THE INDIANS.
Brethren Kings Captains and Warriours.
" I mean not to take away any of your Lands ; but as the neceffity of His
Maj''y'« Service obliges me to take Poft, and build Forts in fome parts of your
Country
Country, to proted; our Trade with you, and prevent the Enemy from taking
poffeffion of your Lands, and hurting both you and us, as you are fenfible, that
if we do not build Forts the French will. In that cafe I affure you, that no part
whatever of your Lands adjoining the faid Forts fhall be taken from you, nor
any of our people be permitted to Hunt or Settle upon them, but they fhall
remain in your abfolute property ; and I will even promife you fome prefents
as a conlideration for the Lands, where fuch Forts or Trading Houfes are or may
be built. And as it is expenfive & inconvenient for us to carry provifions for
our Warriors, from our fettlements to thofe Forts, and aKo to fupply our
Brethren the Indians, when they come to fee us, if, you will lay out a fpace of
ground adjoining every Fort to raife Com, in that cafe, fix yourfelves the limits
of that part of your lands fo appropriated to us, and you will receive fuch a
confideration for it, as will be agreed between you and us to your fatiffa(5tion. "
There being no danger of immediate war with the Six Nations, the attention of the
Governor was directed to the claim of thefe federated tribes to a large territory on the
Greenbrier and New Rivers, which lands were alfo claimed by the Cherokees. This
condition of affairs the Governor at once communicated to the Board of Trade under
date of Auguft 29* 1761. Having made known fimilar information in December 1760,
Governor Fauquier was at once ordered to convene the Council and confider the clauns
of the Indians for the territory in queftion. Not being able to get a quorum in the
Cotmcil during the fummer months. Governor Fauquier further advifed the Board of
Trade that the meeting would have to be poftponed until after the meeting of the Gen-
eral Court in November:
W'"'bur^' Aug. 29"' iy6i.
My Lords,
In obedience to your Lord^^' letter of the ly'^ Febr-y which was received by me
on the 2""^ June, / immediately confulted His Maf'"' Council in relation to the
claims of the Indians on the Lands Green Bryar and New River or Woods River,
which fall into the Ohio ; the confideration of this was poftponed till the General
Court in Odlober, when all the Members of the Council ufually attend, when all
agreements with the Indians and all their claims will be enquired into; and in the
meantime I was defired to apply to Gov.' Hamilton of Pennfylvania, for copies of
all treaties and agreements made with the Indians inhabiting the Country in the
neighborhood of Fort Pitt, by Generals Forbes and Stanwix, while they com-
manded there, which I have accordingly done; that your Lord^^' may have all the
information and in fight into this affair which we may be capable of giving you
And in the mean time no new patents will be granted for thofe lands, till I receive
your Lord^'" diredions thereon. . . .
I am, with the greateft refped
My Lords,
Your Lord^^' moft obedient, obliged and devoted fervant.
FRAN: FAUQUIER.
In the meantime Governor Hamilton of Pennfylvania was again communicated with
and requefted to fumifh copies of all treaties and agreements with the Indians in and
around Fort Pitt. This he did and fuch papers as were received were forwarded to the
Board of Trade on November 30**^ 17 61.
In the communication of Governor Hamilton, attention was called to the treaties
dating from 1744 and 1752, in conjundlion with other letters and data on the fubjedl,
which was to be ufed by the Home Government in determining the attitude of Virginia
in the matter in queftion :
My
I Bancroft Tranfcripts— Library of Congrefs.
[ xiv ]
W"''bnrgJf XoV jo"" iy6i.
My Lords,
In obedience to your Lord''" commands fignified to me in your letter of the
77'* Febr-y 1^61 received by me on the 2"'' June follouing, mtd immediately after
communicated to His Maj''>'' Council, who put off the confideration thereof till
the next general Court when all the Councillors attend {as fignified by me in a for-
mer letter to your R.' Hon'''' Board) I now proceed to give your Lord^"' all the
information, I have been able to obtain relative to the agreements made with the
Indians about the fettlnnent of Lands.
On the 14"' December 77^7 Commiffions were made out to the Hon'''' Thomas
Lee Efq" of His .Maj'>'' Council and W"" Beverly Efq" a Member of the Honfe
of Burgeffes, to treat with the Indians of the Six Nations; and inftrudions were
accordingly given than. On the 22"'' June 1^44 conferences for a peace were
opened at Lancafter under the meditation of 6^cn'. Thomas of Pennfylvania, our
Commiff" and Commiff" from Marykind being prefent. All thefe proceedings
at large liave been heretofore fent to your Lord''" as I am informed, and are now, I
imagine among the papers of your Office; but left they fhould not be eafily come
at, I have inclofed to your Lord''" a copy of the Treaty itfelf which is the only mate-
rial part of thofe tranfadions; and which I find was figned by no lefs tlian 27 of
their Sachems & Chief Men.
In April I7;j2 Commiffions and Infirudions were given to Meff" Jofhua Fry,
Lunfford Lomax, and James Patten, to treat with the Six United Nations on the
River Ohio, which proceedings at large were alfo, as I am informed fent home, to
your R-' Hon'''' Board. But the reafons above-mentioned, have induced me to
fend to your Lord''" a copy of that agreement made the ij"' June 7752 at Shanapins
Town, arid which I find was figned by feven of their Chiefs.
Since tliefe Tranfadions, this Colony in particular Jtave had no meeting with
any Indians on the affair of lands. The Hon'''' Peter Randolph, and W™ Byrd
Efq" were Comniiffioned to go into the Cherokee Country to prevail on them to
March a number of their Warriors to join His Maj''^'' forces before Fort du
Quefne. The irregularity of thefe Indians in their Marches, and the Revenge
taken of their Infults by our Inhabitants, and the fatal Scalping Law {which I got
repealed foon after my arrival, forefeeing and dreading the confeqnence) Jiave been,
I too much fear, the immediate cattfe of the Cherokee War. Xo mention was made
of tlie fettlement of Lands, or any complaints made about it in this expedition of
Col. Randolph and Col. Byrd.
/ have alfo inclofed to your Lord"" a copy of paper I received from Gov.'
Hamilton in my late excurfion to the Northward, which your Lord''" will find very
full as to all the late agreements made with the Indians by the Commanders of his
Maj-'^'' Forces, and the promife and affurances given the Indians in relation to
fettling o)i their hunting grounds.
Thefe papers will I imagine give your Lord''" all the fatiffadicni you require,
but if you fhould have occafian for anything further I u^ill immediately on receiving
your orders, tranfmit all you Defire to your R' Hon'''' Board.
I muft now obferve to your Lord''", that no complaints, have ei-'er been made
as I have been informed, and as your Lord''" will fee by the minutes of the Council
which I liave inclofed to you, from any Indians ivhatever, or any claim made on the
lands due Weftward of this Colony, tho the Indians about Pittlburgh have I
beliei'e made objcdions to the White people's fettling on lands to the Weftward of
the Allegany Hills. It may not be improper on this occafion to fignify to our Lord''"
that the Two Proprietors of Maryland & Pennfylvania, have appointed Com-
miff" to run their divifion line, which they are now adually about. By the con-
verfation I had with two of thofe Commiff" at Philadelphia, / find the proprietor
of Pennfylvania expeds to gain a good deal of the Land always fuppofed to be in this
province. I was afkcd wJiat I fhould do in that cafe; to which I anfwered it was
time enough for the Colony of Virginia to interfere when they had run their line the
length
Bancroft Tranfcripts--Librar>' of Congrt-fs.
[ XV ]
I
length of Maryland and to the utmoft extent of their proprietors grant. But I fub-
mit it to your Lord^^' confideration, whether it would not be proper for His Mafy
to appoint a Commiff' to attend the running of this line, fo as to a (certain the
Quit Rents to the Crown.
Applications have been made to me in Council for Patents of Lands on Hol-
fton's and Clinche's Rivers which form part of the waters of the Miffiffippi, behind
the Cherokee Country, but all thefe petitions I have poftponed the confideration
of, till I am informed of His Maj-'"''' pleafure relating thereto.
I am with the greateft refped
My Lords,
Your Lord''" moft obedient and devoted Serv'
FRAN: FAUQUIER.
After due confideration of the claims of various Indian tribes for lands on the Green-
brier and New Rivers, it was determined that no adlion fhould be taken by Virginia at
that time. This refulted in the matter coming up for confideration at various times
until the treaties of Hard Labor and Fort Stanwix' became effective. By thefe agree-
ments all claims fet forth by the Indians to the territory in difpute were at an end, and
Virginia had no further dealings with either the Six Nations or the Cherokees, whereby
territory was acquired, except in 1772 when a large tradl of land in what is now fouthweft
Virginia, Weft Virginia and eaft Kentucky was acquired, and again in 1775 when the
laft tradl, now lying in Kentucky, Virginia and Tenneffee, was purchafed.
Having thus effectively dealt with the Indian queftion, it was hoped that a general
peace could be maintained throughout the Colonies. This condition of affairs, however,
was deftined to be of fhort duration, as war had already been declared by Great Britain
againft Spain. This ad upon the part of Great Britain, gave rife to the queftion of
whether or not Virginia would be willing to raife a new regiment, fmce the old one which
had been the pride of the colony, was difbanded againft the wifhes of the people. The
uncertainty of the adtion upon the part of the Affembly had been expreffed by Governor
Fauquier in various letters to the Lords of Trade, he maintaining that there was every
reafon to believe that great difficulty would be encountered in bringing about fuch a
refult. In his opening addrefs to the Houfe of Burgeffes on Tuefday, March 30*, 1762, he
fet forth in detail the neceffity for concerted a(5tion upon the part of the Colonies, and made
a formal demand in the name of the Crown for a Virginia regiment, to be incorporated
into the regiment on the " British Capitol Eftablifhments now in America. " The fol-
lowing day the Houfe of Burgeffes, in reply to the Governor's addrefs, made it at once
apparent that there would be no difficulty encountered in getting fatiffa(5tory legiflation
through that body. In the Coimcil, however, a different condition of affairs exifted, four
gentlemen of that body maintaining that it would be impoffible to defray the expenfes of
a regiment without the \ife of paper currency. This at once gave rife to a renewed effort
to again emit paper money, which privilege had been denied the Colony by Parliament.
It was maintained that the exiftence of war was a fufficient reafon for iffuing this grade
of currency, which in time of peace was not thought to be effential to the progrefs of the
Colony. So it was when the matter came to an ad;ual vote in the Council, the meafure
creating the regiment was only carried by a fmgle vote. The bill ' was finally paffed, how-
ever, and provided for recruiting 1,000 men and appropriated 30,000 pounds to pay and
clothe them. This amount was raifed by a tax of one fhilling on every tithable perfon
in the colony. Governor Fauquier in his communication of April 8* 1762 to the Board
of Trade, fet forth the various circumftances furrounding the paffage of the Regiment
Adt, he maintaining that the paper money queftion was a mere pretenfe, though it was
a plaufible argument againft the bill :
Wilhamfburgh^ Apr: 8. 1762 .
My Lords,
It is with the greateft fatiffadion I am able to inform your R' Hon'''' Board
'_ that
I Journals Houfe of Burgeffes, 1766-1769, p. xxvi 3 Bancroft Tranfcripts— Library of Congrefs.
» Hening, Vol. VII, p. 494.
[ xvi ]
that the doubts expreffed in my letter of 24, Feb'' fent by Capt" Adams in His Maj-
''>''' fhip Diana, in relation to the Affenibly's raifing a new Regiment after dif-
banding the old one, were ill founded; for to the honour of this Colony, the Affem-
bly which I called on the receipt of His Maj-''^'' requifitions made known to me by
his Secretary of State, no fooner met than the Burgeffes immediately voted a Reg-
iment of 1,000 Men be fides the quota demanded of them by Sir Jeflfery Amherit to
recruit the Regiments on the Britifh eftablifhment now in America. This almoft
unexpeded condud of His Maj-''^'' moft loyal and dutiftd fubjeds of the Colony
and Dominion of Virginia, / make no doubt will be reprefented by your Lord''" to
His Maj-'''' and his Miniftry in the favorable light which it really deferves. I
paffed an Ad yefterday for this purpofe and then, prorogued the Affembly, which
ad I fhall tranfmit to your Lord''" as foon as I can get it out of the office fairly
tranfcribed.
The Bill paffed in the houfe of Burgeffes by fo great a majority as 66 againft
J, but it met with great difficulties (which your Lord''" would not exped) in its paf-
fage thro' the Council, where it paffed by one voice cntly viz' 5 ag'' 4. When the
Bill was ready for the Council, there were but fix Councillors in Toivn, who, I was
informed were fuppofed to be equally divided in opinion; if fo, the Bill muft have
drop't for want of a majority to carry it. I therefore defired the Speaker to flop the
Bill in his Houfe till I could fumnton the Gentlemen of the Council who were in
the Colony to attend, which I did accordingly, and by that means I am of opinion I
carryed the Bill. The difficulty with the Council lay about a new Emiffion of
paper money neceffary to fupply me for the recruiting fervice, which the four Gen-
tlemen who were againft the Bill made a foundation for a proteft a copy of which I
fhall fend to ycnir Lord''" with the Ad.
For fome reafons which appeared to me, I think the paper money ivas a pretence,
as it was a plaufible argument againft the Bill, and that they woidd have oppofed it at
any rate; for the three Gentlemen who pufhed me to difband the Regiment before I
received his Maj'''^'' requifitions, and even before I had that notice from Gov'
Boone, which the Burgeffes had addreffed me to procure {to withftand which meaf-
ure, I was obliged to have recourfe to all my firmnefs) were the fame who joined in
this proteft; trufting that if they coidd once get the Regiment difbanded, the Coun-
try would not confent to the raifing of a new one. But in this their expectations
were fruftrated, to the credit of the Colony. When your Lord''" confider their
addrefs at the opening this feffion, I am inclined to think that your Lord'''" will be
induced to be of my opinion; and when this is joined to the ftrnggle they made, that
I fhould immediately difband the Regiment at the clofe of the laft Seffion, it
almoft puts it beyond doubt.
It is neceffary for me to obferve to your Lord''" that on this occafion, I have
ftretched my influence to the utmoft pitch, and poffibly the great earneftnefs which
appeared in my whole behavior, might Itave induced fome Gentlemen, who have
always fhewn great regard to me to vote for the Regiment. Wfuit I would infer from
this is, that attempts of this nature will generally fail of fnccefs, when they come to
be repeated; therefore, I hope, I fhall not have occafion to try it again; for, tho' I can
promife for myfelf, that my zeal for His Majefty's fervice fhall never fail, I cannot
promife for others that it fhall have the fame happy effed.
I inclofe to your Lord''" a Duplicate of the paper I rec.^ from Gov/ Hamilton,
which I had not by me when I have the honor to fend the other Duplicates to your
Right Hon'''' Board.
I am with the greateft refped
My Lords
Your Lord''" moft obedient and obliged humble fervant.
FRAN: FAUQUIER
The
[ xvii ]
The war with Spain being pradlically over when the November Affembly convened,
the Governor argued that the regiment created by the preceding affembly be maintained
as a matter of prudence. To this fuggeftion the Affembly agreed, the regiment remaining
at StaJtlnaker's until the firft day of May 1763, when it was to be marched to Fort Lewis,
in the County of Augufta, and difbanded. Indian matters, however, continued to en-
gage the attention of the Colony, and various delegations from the C/ierofef^ Nation vif-
ited Williamfhurg from time to time. It was evident that a feeling of diffatiffadtion
prevailed among the Indians, which finally refulted in much bloodfhed, and was not
fully and fatiffadtorily fettled until the treaty at Hard Labor, in South Carolina, on Odober
j^th iy68. At this time a large fe<5tion of land, what is now fouthweft Virginia, Kentucky
and Weft Virginia, was ceded to Virginia, which, in conjunction with the treaty at Fort
Stanwix on November 5*'' 1 768, eftabUfhed the claim of the Colony to the territory extend-
ing from the Alleghany movintains to the Ohio River.
Governor Fauquier in his commimication to the Board of Trade under date of May
i^* 1762, calls particular attention to the vifit of one of the various delegations which
journeyed to Williamfhurg that year. It is apparent from the tenor of this communica-
tion, that fome doubt exifted in the mind of the Governor as to the refult to be derived
from fuch an intercourfe with the Indians, though every precaution was taken to pleafe
them and their ideas were carefully confidered ;
W'"'burgh' May i, 1762.
My Lords.
In the letter I had the honor to ivrite to your Lord''" of the 16"' ult° I mifin-
formed you as to the name of the Chief Warrior of the Cherokees who was on the
Road to this place, for on his arrival, I found it was not Conogotocko who is old,
but their Chief Warrior Skiagufta Oconefta, who came here to confirm the peace
lately concluded between his Maj'^'' fubjeds and their Nation. This Chief is a
man of great influence among them being reputed the boldeft warrior of the Nation,
and a Man of Integrity, not talking, as they exprefs themfelves with a double tongue.
He and the Little Carpenter have ufually been heads of different parties, and was
for that reafon one of the laft who acceded to the Treaty, tho' he has been the fore-
moft to treat our prifoners with humanity, and to releafe them. By the Belts of
White Wampum, his talk, and his whole manner, he appears to me, to be more to
be depended upon than his antagonift, though he has not his parts, nor fuch com-
mand of words. As the Little Carpenter had formerly been in England, he nwft
earneftly foliciied me and the Council that he might have permiffion to go to England
to fee the great King his Father, and judge whether the Little Carpenter had not
told them lies, on whofe veracity I found he did not much depend. On deliberating
upon this, it was the advice of His Maf'^'' Council, that I fhould reprefent the in-
conveniences and dangers he would be expo fed to on the fea, by the Enemy and by
diftempers in Europe. This precaution was taken left any accident befalling
him might inflate his people imagining it might be done by Treachery. In the pref-
ence of many of his followers he heard this, & perfifted in his refoluiion of going
if he might be permitted. The Council conceiving it might be of very great utility
to the Colonies, for him to be perfonally informed of the number of our people the
Grandeur of our King and the great Warlike powers we had at Command, by which
they were more likely to be kept in order by us, than if they ivere ignorant of our
ftrength, advifed me to fend him and to fupply to Capt" Blake of His Maj''^'''
Sloop L'Epreuve now ready to fail with a few fhips under his convoy to take him
on board, which he very readily confented to do. I have accordingly put him, two
of his followers and a faithful Interpreter on board Capt" Blake's Sloop, to be
tranfported to England.
/ am confcious. My Lords, that fuch guefts are troublefome to His Maj''^''
Minifters, but it appears to me to be of fo much moment to the peace and intereft
of the Colonies, that I hope I fhall ftand excufed for having taken this ftep. The
Indians
Bancroft Tranfcripts— Library of Congrefs.
[ xviii ]
Indians will be accompanyed by M'' Timberlake an Enfign in our Regiment, who
has been in the Cherokee Over Hill Tozvns, and is much refpeded by the Indians; he
went from our Camp down Holfton's River and up the laiiaffee, and has found it
navigable for Batteaus which draw lo or 12 inches water, all the way, by which we
find, that we have a good convenience for Men Stores or Merchandize into the very
heart of their Country. He has made a draught of the courfes & bearings of the
River, a fair copy of ivhich is by my order preparing for Sir Jeffery Amherft.
It may be proper to inform your Lord'''^ that my condud towards thefe and all
other Indians has varied a little from that of my predeceffors. I have never courted
them fo much, but have always behaved to them with the utmoft good faith; and in
my conferences, with great firmnefs and an affeded fuperiority as the Governor of
a great King; which feems to me to have the effed I propofes from fuch a Condud.
This very Man was here in Gov' Dinwiddie's time much careffed and courted, hav-
ing the Gov''' Coach to attend him and his Squah; but this treatment he has not re-
ceived from me, yet I apprehend, I am as much in his good efteem as the late Gov-
ernor ivas.
I am with the greateft refped
My Lords,
Your Lord''" moft obedient & devoted fervant
FRAN: FAUQUIER.
That a feeUng of unreft exifted upon the part of the ofificials at William-jburg was
clearly eftablifhed early in 1764, when the Home Government determined to fubdue the
Northern Indians, who had been conftantly harafling the border fettlements during the
preceding year. Sir Jeffrey Amherft in advifing Governor Fauquier of this intention upon
the part of the Crown, directed him to require the Colony to form a regiment of 500 men
to adt in concert with His Majefty's forces in this campaign. He maintained that the
weftem border of Virginia was being haraffed, and that a vaft fe(5lion of land which now
comprifes the State of Weft Virginia, was not only claimed by the Six Naticms, but alfo
by the Cherokees, and that the time had arrived for Virginia to affert its rights and effedt
a permanent underftanding as to the ownerfliip of the lands in queftion. Upon receipt
of this letter the Governor at once called the Affembly to meet on January 12^^ 1764, at
which time he made known the demands of Great Britain and requefted immediate
adlion in the matter. The affembly, however, failed to comply with this requeft and
adjourned after being in feffion only nine days. The reafons for not carrying the wifhes
of the Crown into efifedl are fet forth in the following addref s ' of the Burgeffes to the Gov-
ernor, in reply to his opening ftatement on the condition of afifairs in the Colony :
Sir,
Having confidered with ferious Attention that Part of your Honour's
Speech, enforcing the Requifition of his Excellency General Amherft, repeated
by the Honourable Major General Gage, we are concerned to find that Meafures
fo wifely calculated to ftop the Progref s of thofe Cruelties practifed by our lav-
age Enemies on the Frontiers of this and the other Colonies cannot receive Aid
from us, under our prefent Circumftances.
The difficulty of raifmg Men to affift the common Caufe during the late
War made it expedient to difpofe of large Bounties to encourage their entering
into the Service, which, with the Expenfe of fubfifting them, involved us in the
difagreeable Neceffity of emitting Treafury Notes, to circulate for a limited
Time in Lieu of ready Money, of which none could at that Time be obtained.
Troops now to be raifed would expedl the like Botmty, and be attended with
the like Expenfe ; and as we cannot purfue the former Method of providing for
them without raifmg the Clamours of the Britifh Merchants trading to this
Colony, and thereby incurring minifterial Cenfure, we are compelled, from the
Neceffity of the Cafe, to decline a IMeafure that would otherwife have met with
our Approbation and Affiftance.
This
I Page 212
[ xix ]
This, Sir, obliges us to reft the Defence of the Frontiers upon our MiHtia ;
which, iinder your Honour's wife Diredtion, we have reafon to hope, from the
Experience of laft Summer, will prove effecffcual.
On Feb. 15'^ 1764, Governor Fawgwter commimica ted the decifion of the Burgeffes
to the Board of Trade, and ftated that the feffion had proved of little importance,
and that only a few adls of minor note had been paffed :
W"''bu'rgh^ Feb'^ ij. 1764.
My Lords,
Soon after my arrival in this Colony from affifting at the Congrefs held at
Augufta in Georgia with the Southern Indians, by His A/a/''y'^ Commands, I
rec'd a letter from Sir Jeffrey Amherft requiring §00 Men from this Colony to Ad
in concert wtth His Majefties forces on the Britifh Eftablifhment, to bring the
Northern Indians to reafon, who ivere become extremely troublefome to His Maj'-
^y'^ fuhjeds of this and the neighboring Colonies. This requifltion was repeated by
the Hon'''' Major Gen' Gage. On the receipt of thefe letters, by the advice of His
Maj''^'' Council, I called an affembly to meet on the 12''' Jan'''', who after fitting nine
days broke up without complying with the requifition, and entering into the meaf-
iires propofed to them by the Commander in Chief of His Maf^'^ forces. On the
feventh day of their feffion, the Houfe of Burgeffes prefented an addrefs to me
giving their reafon why they did not think it advi fable for them in the pre fen t fitua-
tion of their affairs to enter into this meafure. This addrefs together with my
fpeech at the opening the feffion and the addrefs of the Council and Burgeffes upon
it I have the honor to enclofe to your Lord^'". They paffed fome Ads, but none of
any great importance which I fhall tranfmit to your Lord^'" as foon as tranfcribed.
It was agreed among the Governors for His Maj''^' before ive parted at Augufta,
that the conferences and Treaty fhould be printed, this was done at Charles Town.
/ have not yet received any copies tho' I have expeded them for fome days, as foon as
they arrive I will do myfelf the honor to tranfmit a copy to your R' Hon'''' Board.
I am with the greateft Refped, My Lords
Your Lord^'" moft obedient & devoted Servant.
FRAN: FAUQUIER.
Again on July 2y^ 1764, the Governor advifed the Board of Trade that the
Indians were becoming very troublefome to the inhabitants on the frontier.
He aKo called attention to the fa(5l that the reception given the Cherokee dele-
gation when in England, had caufed others to feek to indulge in the fame pleaf-
ures, and that he had referred thofe applying for this privilege to John Stuart,
Supt. of Indian affairs of the Southern distridl ;
W"''burgh' July 2y' 1764.
My Lords.
I am forry to inform your Lordfhips that the Indians continue to be very trou-
blefome to the inhabitants on our frontiers, tho' we have a large body of militia {the
only forces the Affembly would allow me to employ) out on fervice to proted them
and annoy the enemy wherever they appear. The reception given to the Cherokees
who were laft in England has incited fome others of the Nation to apply to me for a
liberty to gratify their curiofity, and make themfelves of more confequence to their
. Nation by fo doing. But as I faw no immediate occafion for troubling His Maj-
efty's Minifters with a fecond vifit from guefts of that fort, I have put them by, and
told them on all occafions in which their bufinefs did not immediately concern the
Colony under my government, they muft apply to M" Stewart whom His Majefty
had appointed Superintendent of Indian Affairs for fuch purpofes. . . .
I have nothing further to trouble your Lordfhips with but that I am with great
resped
I Bancroft Tranfcripts—Library of Congrefs.
[ XX ]
refped
My Lords
Your Lordfhips mo ft obed.' obliged and devoted Serv.'
FRAN: FAUQUIER.
Stuart refufmg the requeft of the Indians to vifit England, caiifed no uncertain degree
of difcontent among the Cherokees on the, Virginia border. This condition of afifairs,
affociated with the murder of feveral Indians in Augufta County early in 1765, nearly
refulted in an uprifmg of the Cherokees, and but for the timely efforts of Colonel Lewis
war would have certainly refulted. The circumftances furrounding the killing of thefe
Indians, is fet forth in a clear manner in a letter from Colonel Lewis to Governor Fau-
quier, dated Augufta County, May 9"' 1765. In this communication the Governor was
advifed that a party of friendly Indians en route to Wincheftcr were attacked by the
whites and maffacred. He further advifed the Governor that he would make every
effort poffible to prevent an uprifmg and that juftice would follow when the murderers
were brought to trial :
Augusta County,' May the 9* 1765.
Hon ^'" Sir,
Yefterday a very unhappy affair was tranfaded near Staunton, which may,
if not timely guarded againft, prove very fatal to this Colony. On the fifth of this
inftant a party of Cherokees came from our frontiers to Staunton, fome of them
I was perfedly acqjtainted with; they gave me to underftand that they were defigned
for Winchefter and would be glad of a pafs, as they were from thence to go to war
againft the Ohio Indians, and was to meet fome other warriors beyond Fort Cumber-
land. The want of an Interpreter prevented my making them fenfible that their
travelling thro' our country, even with a pafs, where they might not be known, would
be attended with danger on their part. However on finding them determined to go,
after they had refrefhed themfelves ttvo nights, they were provided with proper col-
ours and a pafs. There was ten in number their two principal men's names was
Nocoknowa and Choconantee. They marched about five miles and lodged in an out-
houfe on the plantation of one John Anderfons. Yefterday morning as foon as
it was light a party of villianous bloody minded rafcals, notwithftanding they
knew they were Cherokees and had a pafs, attacked them in the moft treacherous
manner, killed their Chief and four more on the fpot, and wounded two more. The
five poor creatures that made their efcape has taken the woods and will undoubtedly
reach their Nations as quick as poffible they can, or at lea ft fome of them will get
home. In order to quiet the Chiefs of the Cherokees and if poffible to reftrain the
whole Nation from taking fatiffadion at their own hands I have wrote to the Chiefs
of the Over Hill Towns, from whence this party came, and has fent it to the hand
of Col. Chifwell, defiring him to find means of fending it as quick as poffible. In
my letter to their Chiefs, I have endeavoured to perfuade them that your Honour
will undoubtedly take every juft means to give them fatiffadion by ordering the mur-
derers to be apprehended and put to death, and defire them to take no rafh fteps,
as they may be affured your Honour will loofe no time in writing to them by exprefs.
From what I can learn the number of the villians that committed this murder
is between 20 and jo; the names of the two ringleaders is William Ctmningham
and John King ; one of the party was wounded by an arrow, to wit James Clenden-
ing; he was taken & afterwards re f cued by the others before he reached the gaol.
No doubt but it will be your Honour's pleafure that thofe fellows may be brought to
juftice, and will fend me inftrudions what fteps to take, with warrants figned by
your Honour. Inclofed you have a copy of the letter I fent to the Chiefs of the
Over Hill Towns.
I am,
Your Honours moft obed'
& very hum. Serv'
AND^ LEWIS.
Replying
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Replying to this commiinication five days later, Governor Fauquier ftated that
he had laid the matter before the Council and the Houfe of Burgeffes, which were then in
feffion, and that immediate fteps would be taken to make amends for the adlion of the
Auguft militia:
Wilhamfbnrg' May 14"' i^6§.
Sir
Your meffenger which brought your letters containing the melancholy account
of the barbarous attack on the Cherokee Indians arrived here yefterday. I imme-
diately laid them before the Council and the Houfe of Burgeffes who were then
fitting. You can better conceive than I defcribe the fhock they received at the news,
and the abhorrence and deteftation they expreffed of fo inhuman an adion. They
dread bad confequences and have taken all poffible meafures in their power to avert
them. If this is the condud of your young men, with what face can they complain
of Indians who are more than Indians themfelves? Can they produce greater in-
ftances of brutality and perfidy among the moft barbarous Nations? Yet I imagine
if any Indians fhould appear on our frontiers they would be among the firft to call
for protedion, and by militia to put this Colony to the expence of twenty or thirty
thoufand pounds to defend them. I would afk themfelves whether they deferve
protedion f and if hereafter they fhould be left to fight their own quarrels with the
Indians without the lower parts of the Colony interfering in their difputes, they have
no one to blame but themfelves. I wifh your County were made fenfible of the
rifque they run of lofing their property if not their lives by following and permitting
thefe atrocious pradices. But it is time to quit the difagreeable part of this affair,
and fee what is to be done to ftop the impending dangers which threaten ns. The
prudent meafures you have already taken meet with an univerfal approbation and
you are hereby required to ufe your iitmoft endeavors yourfelf and fpirit up all the
other Magiftrates to ufe theirs, to apprehend the reft of thefe villians, and when an
examining Court {as the law direds) has been held upon them, to raife and arm as
many men as you can fafely depend upon, and as are neceffary to efcorte them
down to this gaol, to prevent a rifque. By the Proclamations I have fent you {which
you muft difperfe) and by the Refolve of the Houfe of Burgeffes, you fee how much
the country is in earneft to apprehend thefe cruel, and I may add, cowardly murder-
ers. I have fent for Abraham Smith ivhom I defign to fend exprefs into the Chero-
kee Country with a letter to their Chiefs, and feveral of the Proclamations, to con-
vince them, if poffible, that I am taking every ftep to bring the criminals to juftice,
and to give them fatiff adion. God grant the endeavors of my f elf and the body of
the country may have the defired good effed. I further defire you zvill fpeak to M'
Silas Hart the prefent High Sheriff, & let him knqiv that it is my earneft defire that
he would himfelf impannel a jury to try thefe Criminals, out of the Gentlemen of
the County which are moft diftinguifhed by their property knowledge impartiality
and integrity; and not leave it to the Under Sherif, who may probably fummon
ignorant men who have little or no property to lofe, and of courfe have lefs reafon
to dread as they have lefs ability to fore fee confequences. I have only to add that
I have nothing more to wifh for from you than the continuance of that zeal ivhich
you have exerted on this occafion, and for which I am much obliged to you. I am
Your humble Servant
FRAN: FAUQUIER.
After forwarding his letter to Colonel Lewis, the Governor at once communicated
with theCherokees, announcing at the fame time the regret expreffed by the authorities at
Williamfburg upon being advifed of the murders in Augnfta, and ftating that Colonel
Lewis would at once take fuch fteps as were neceffary to bring about a fatiffa(5lory
ending of the unfortunate affairs :
My
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W'"^burgh'^Iay i6, 176 j.
My Dear Friends and Brothers.
I have the melancholy news to tell you ivhich grieves me to the heart, having the
fame concern for what happens to my brothers the Cherokees as for the white men
under my government. I have been informed by one of my great Captains Colonel
Andrew Lewis whom many of you know; that ten of your Xation after being kindly
entertained by him as brothers for two nights, were moft barbaroufly fet upon by
a much larger number of our young men, who, contrary to the laivs of this country
and the treaties of friendfhip fubfifting between tts, have killed five of your people.
Col. Lewis tells me he has already fent a meffenger into your Toivns to inform you
of this difnial affair. He has already taken two of the murderers and is endeavor-
ing to take the reft. When his letters came to me our Affembly of wife men were
fitting, who fhew their abhorrence and deteftation of this adion by the Refolutions
they came to, and the Proclamation they defired me to iffue, copies of which I here-
with fend you, that you may fee what part this country takes in your caufe. The
great rewards offered in the Proclamation will I hope be a means of taking the reft
of the criminals or at leaftmany of them. It isthe commandof the great King George,
and it is my fincere wifh and defire, that we fhoidd live in perpetual friendfhip
with our brothers the Cherokees. And when you coaly confider the fteps I have tak-
en in this affair, I hope you will be fully convinced that it has been owing to the
ardor of fome hot headed inconfiderate young men whom yourfelves own you cannot
fometimes reftrain from mifchief, and not to any countenance or incouragement
given them by me or any body in authority under me. Your people were kindly
entertained by my great warrior Col. Lewis. He gave them a pafs and colours to
march through the country as brothers and friends. When he was informed of the
murders he went to bewail his beloved brothers. He apprehended two of the crimi-
nals. He was the firft to give you information of this unhappy affair. We have
taken the fault wholly on ourfelves and have not charged the Cherokees with any
fhare in it. I have iffued a Proclamation offering great rewards for taking the reft
of tlie offenders, being willing to give my Brothers all the fatiff adion in my power.
Are not thefe the adions of friends who defire to live in peace? And I hereby
promife to do you the ftrideft juftice on the offenders, in the fame manner exadly
as if they had killed white men.
Having in this open candid and friendly manner fet the whole affair before
you without concealing or difguifing any part of the truth; I hope the cool wife men
of your Nation will ad in the fame manner and reftrain their young men from
taking any revenge, till further events convince them of the fincerity of our intentions
to do them juftice and give them full fatiffadion for the injuries done you. I hope
you will take pains to keep the path clean between our people and your Nation, that
meffengers may pafs freely and fafely between us that we may jointly ufe our
endeavours to prevent an effufion of blood between brothers. I fhall fend two copies
of this letter by different meffengers into your Nation, being defirous you fhoidd
receive one as foon as poffible, to convince you of my good intentions to you, who
has never yet deceived you.
I fhall now take my leave of you with wifhing that the chain may be held faft
by both and kept bright as long as the fun fhall fhine or the rivers run.
Given under my Hand and Seal the fixteenth day of May, one thoufand feven
hundred and fixty five.
FRAN: FAUQUIER.
On May 26*'' 1765, the Governor advifed the Board of Trade of the information
forwarded him by Colonel Lewis, and ftated that he feared that the people on the frontier
of Virginia were more anxious for war than for peace, he beUeving that the increafed
pay to militiamen was a diredt refult of the border troubles of the time. Furthermore
he
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he recommended to the affembly that they repeal the claufe in the Militia Adl that
augmented the pay of foldiers, and that until this was effedled, one of the ftrongeft
forces in favor of war with the Indians would remain in full force and effedt.
In the meanwhile Colonel Lewis was exerting every effort at his command to appre-
hend the murderers of the Indians, and after having fucceeded in arrefting three of
them, one was refcued and two given their freedom by the jailor, in whofe cxoftody they
were entrufted. This information Colonel Lewis conveyed to the Governor on June y^
1765:
Angnfta County,' June y' j"^ 176').
Sir,
In my laft letters to your Honor I mentioned the taking of James Clendening
anJ Patrick Duffy, two of the murderers of the Cherokees. Clendening was refqued
before he reached the prifon. Dviffy was in prifon three nights; on the 4"' a num-
ber (as is believed by the Gaoler and fome others) not lefs than one hundred armed
men pofted themfelves round the prifon, fome of them entered the houfe of the gaoler
and demanded the key of the prifon; it being refufed them, they, after ufing fome
violence and many threats, with axes broke the Prifcni door and carried off the faid
Duffy, declaring at the fame time that they had moft of the County to back them, and
that they would never fuffer a man to be confined or brought to juftice for killing of
Savages.
Since I received your Honor's letter with the Proclamation, M' Jones who is
King's Attorney, and I, had the Depofitions of feveral perfons taken, in order to
difcover the murderers; by which it appears that William Cuninghame and John
King was the ringleaders, that WilHam Yoimg, James Clendening, Alexander
Robertfon, Patrick Duffy, Charles Bafkins, Hugh Bafkins and WiUiam Ander-
fon, were of the number that committed the murder. Upon which warrants were
made out and put in the hands of the Sherifs for apprehending them; but none of
them is yet taken. The Gaoler being fworn declared that he knew but two of the
men that broke the prifon; there is warrants out for the apprehending them. Frcnn
what has happened and from what I am able to judge of the number and difpofitions
of the banditti; it will be impoffible (if any of the murderers be taken) to confine
them in this Country, nor is it likely that they can be brought to juftice by the ordi-
nary mehtods of law; for unlefs the perfons that might take them were enabled to
carry them down to Williamfburg as foon as apprehended by fome authority from
your Honor, they will undoubtedly be refqued.
Near the place where the murder was committed is found dead another of the
Cherokees ; from what I can learn it is the young fellow called Choconante, fon of
the Standing Turke, who was for fome time Chief of the Cherokee Nation. Every
thinking perfon efpecially thofe that are moft expofed to the depredations of the
Cherokees, dread the confequences of this unhappy affair, as it is too likely the
injured Cherokees will look for fatiffadion in their own way; and with what face
can we plead with the Government for affiftance when an ad of our own {and I am
forry I have it to fay fo generally approved of us amongft us) fhould be the caufe
of all the diftreffes that may befal us. However in juftice to the people that live on
our frontiers I muft fay they had no hand in it. When they firft difcovered the
Indians they colleded fome armed men, whoe went to the Indians, and on their
finding them to be by all likelyhood Cherokees, they not only fuffered them to pafs
to Staimton, but fent from place to place a white man with them.
Some days after the murder was committed, a poor unhappy blind man and
his wife was killed by two of the Indians that made their efcape. This indeed is
no more than what I expeded, that they would leave behind them a mark of refentment.
I am
Your Honors moft obed'.
and very humble Serv'.
AND"" LEWIS
The
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The efforts of Colonel Leivis to bring the guilty parties to juftice met with much
indignation in Attgufta County, and on June 4.^^ 1765, a body of men f tyling themfelves
" Augnfta Boys" iffued a proclamation offering a reward of 1,000 pounds to any one
arrefting Colonel Lewis, and fetting forth at the fame time another verfion of the
murder, which they maintained was juftified, owing to the facft that the Indians con-
ftituting the party were not Cherokees, hnt belonged to the Shawanefe and Delaware tribes :
PROCLAMATION^ OF THE AUGUSTA BOYS
JUNE 4 1765.
A PROCLAMATION.
Align ftas'
We Angufta Boys in heart are and do profefs ourf elves His prefent IMaj-
efty's (King George the Third) true and leige fubjedts, and imhappy we being
on this very verge of His Majefty's Dominion, have, by the unparaled deceit of
an infidious and cruel heathen enemy been repeatedly diftreffed, and find it
impradlicable to maintain the legal rights granted us by His Majefty, and
think it expedient to adt in the offenfive when any of thofe our known enemies
prefumes under the pretence of friends (without a warrantable pafs) to pafs
among us. And as there was a party of Indians to the number of ten, which
lately travelled into our territories, fome of which was known and proved to
be of the Shawnee and Dellaware Nations, and a few of them endeavored (as we
fuppofe) to fhade their fpecious defigns under the appellation of their being our
friends viz*^. the Cherokees, and as the faid Indians obtained a pafs from Col.
Lewis for reafons we fuppofe only known to himfelf , it appears and is apparent to
to us that he the faid Colonel Lewis is not attached in heart to his prefent Majefty
or his liege fubjedls :
We therefore, out of our fmcere love to our Sovereign and his intereft, and
our candid love to jviftice, do promife a reward of one thoufand pounds for the
taking of the faid Col. Lewis, that he may be brought to juftice, and for Dodl''.
William Fleming and Captain William Crow of Staunton five hundred pounds
each, as deemed by us Dupes and Parafites in faid cafe. And we do further
offer a pardon to Lieu' Michael Thomas and Luke Bowyer if they, each for
himfelf provide a ftring of beads &c. that they may live as formerly without
depending alone on the fmiles of Col. Lewis, otherwife let them initantly repair
out of our Sovereign's Dominions to that of their defired French King.
Our hearts are true unto our Kings.
And means all rebels down to bring.
This information Governor Faiiquier communicated to the Board of Trade on Jnne
14"! ^765, admitting at the fame time that the Colony did not poffefs ftrength enough to
enforce obedience to law in the mountain region. He further ftated that the wifer
courfe to purfue was to be extremely prudent, rather than attempt vigorous adtion in
Augufta County. This determination upon the part of the Governor, was no doubt due
to the almoft univerfal feeling in that fedlion that the prefence of any Indian was
obnoxious to the fettlers in that region. He aKo ftated that a band of men calling
themfelves " Paxton Boys of Pennfylvania," had fent a meffage to the people of Augufta
Coimty, that if they were not ftrong enough to refcue perfons arretted for murdering
Indians that affiftance would at once be forwarded from Pennfylvania. This con-
dition of affairs naturally created a gloomy afpedt, which was not wholly eliminated
until the end of 1775, when all of the territory that had occafioned a difpute between
the Colony and the Indians for years became Crown lands.
Such was the condition of the Indian affairs in Virginia at the time of the Refolu-
tions againft the "Stamp A(5t." The feeling or unreft which feemed to be the moft
prominent fubjed for difcuffion on the border, was admitted to permit of but one folu-
tion, and that the complete conqueft of all of the territory now conftituting the States
of
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of Weft Virginia and Kentucky. It was ever^'where proclaimed that war with the
Cherokees was inevitable, and while it was averted from time to time, by the various
treaties already alluded to, the ultimate refult was the fanguine and bloody encounter
of 1774 at Point Pleafant. In this memorable battle the triumph of the whites over
the red man in Virginia was fettled for once and for all, and, while roving bands of
Indians committed many depredations along the borders for years thereafter, no effort
to prevent the fiipremacy of the whites was ever attempted. So it was that the great
queftion of the acquifition of /rzJzaw lands by Firgwiza was finally and effedlively fettled,
and the beautiful valleys of the Shenandoah and the Ohio opened up for fettlement.
During the period between 1760 and 1765, the queftion of the Colony's credit was
a matter of much deliberation. The conftant fiucftuation in the vakie of gold and filver,
and the neceflity for the emiffion of paper money, had created a condition of aft'airs that
bid fair to bankrupt the Colony. Owing to a law then in force, gold and filver coins had
a value far beneath their real worth, which pradlically eliminated fuch fpecie from circula-
tion. Merchants in this country were unable to meet their obligations to merchants
abroad, which refulted in little alide from the ac5lual neceffities of life being imported.
In order to eft"ecl a change in the money fyftem of the Colony and bring about a fatif-
fadlory adjuftment of this queftion, the Virginia merchants prefented a remonftrance
to the Board of Trade, fetting forth their indebtednefs to foreign merchants and calling
for an eftablifhed bafis upon which money values could be determined. As it was
not thought that Governor Fauquier was favorable to the theories advanced by the
merchants at this time, he was not made acquainted with the provilions of the petition,
which related in part to the queftion of future emiffions of paper money. This remon-
ftrance to the Board of Trade was followed early in 1763, by a petition of the London
merchants to the fame body, in which they fought an adjuftment of the differences
between them and the merchants in Virginia. Thefe petitions being favorably received
at once made the queftion an iffue which remained in an unfettled ftate until 1764.
Governor Fauquier vn. his communication of July lo**" 1762, called attention to the
remonftrances of the Virginia merchants which he claimed to be a mere fubtertuge,
and that the real purpofe of the Colony was to be free from the expenfe of maintaining
a regiment in Virginia. This statement, however, is not upheld by the refolution
adopted by the Burgeffes on Saturday, May 28*'' 1763, when they maintained that
Treafury Notes had always been accepted by London merchants in paj^ment of sterling
debts, and that the holders of fuch notes, having accepted them under a law making
them legal tender except in payment of quitrents, should and muft be protected :
W^'burgh, ' July loth 1^62.
My Lords,
I have been informed, that feveral of the Merch'' of this Colony have figned a
Remonftrance to be prefented to your R' Hon'''^ Board in relation to the future
Emiffions of paper money; but I am utterly ignorant of its contents, any more
than the public Rumour, it having with great induftry been concealed from me, fo
that I have never been able to get at a fight of it. I believe it has been confidently
faid, even by fame of the Retnonftrants themfelves, that the drift and aim of it was
to get quit of the expence of the Regiment, which the Legiflature has fo cheerfully
given for His Majefty's fervice; well knowing that the Regiment cannot be fupported
without Emiffions of paper money; there being neither gold nor filver in the Colony,
owing to a Law now in force, which fets a value upon Gold and filver coins, far
beneath their real worth according to the prefent exchange. This inconvenience
is fo fenfibly felt, and the caufe now fo generally allowed, that it is fupported on all
hands, that fome regulations and alterations will be made in the enfuing feffion of
Affembly, which will meet to fit on the Country's bufinefs on the 2"'' NoV; your
Lord^*" are the moft competent Judges, what degree of encouragement ought to be
given to any particular fet of Men, who remonftrated againft the Ads of the Legifla-
ture; which is a pradice feemingly getting foot in this Colony, fince the example
fet
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fet by the Reverend the Clergy, who could not be brought to make any application
for the redrefs of their grievances to the General Affembly while fitting, but chofe
to rcmonftrate againfi the ad after it was paffed. . .
Your moft ob' Servant,
FRAN: FAUQUIER.
Again on November 3"^ 1762, Governor Fauquier advifed the Board of Trade, that
if any iffue was to arife during the Affembly then in feffion, that it would be entirely
due to the queftion of paper money. He alfo alludes to the great rife in the exchange
value of currency, which he attributes to the increafe of imports, and further ftates that
the tobacco crop of the year will not fuf^ice to meet the indebtednefs of Virginia mer-
chants :
W'^burgh' Nov' 3"^ i'/62.
My Lords,
As the Gofport, fhip of War is now arrived to take under her Convoy the
homeward bound Trade to Europe, / fhall take the opportunity of tranfmitting to
your R' Hon''^" Board the Box of Ads and other public papers which has been long
ready waiting for fuch a fafe conveyance.
My Affembly met yefterday in good humor, greatly fatiffied with His Maj''^''
approbation of their condud fignified to me by Sir Jefifery Amherft, fo that I am in
hopes, they ivill do every thing in their power to continue to merit His Maj''^''
favour. If there fhould be any obftrudion to the meafures propofed to them, it will
arife altogether from the Clamour ab' Emiffions of paper, without which I do not
fee how we could poffibly have reaifed a Man for His Maj''^'' fervice. The great
rife of Exchange is altogether attributed by fome Men to the Emiffions of paper cur-
rency, but I am entirely of opinion there is a much more fundamental caufe for
this rife, to wit, the Increafe of the Imports, to fuch a height, that the crops of Tobacco
will not pay for them, fo that the Colony is fo far from having money to draw for in
England, that they are greatly in debt already to the Mother Country, which debt
is daily increafng as the Merchants of Grat Britain too fenfibly know. This is a
truth, which fome of the moft thinking Gentlemen of the Colony fee and acknowledge,
but at the fame time is fo difagreable a truth to the generality, that they obftinately
fhut their eyes againft it, and what is to be done to remedy it, I know not, I fear they
are not prudent enough to quit any one article of luxury, till fmart obliges them.
I thought it neceffary to give your Lord'^' my fentiments on the true caufe of the
prefent high exchange of which I fear your Lord^^' will hear from the Merchants of
London, who, as I before wrote your Lord^'" are aded upon by Gentlemen of this
Country, for they had fat down quiet under the prefent Laws of the Colony, by which
their Sterling Debts are adually fecured to them. There is fuch a warmth at prefent
in this Colony about this; that I thought it abfoliitely neceffary to take notice of it
in my fpeech at the opening this feffion, to recommend cool deliberation on the
fubjed, which I thought the importance of it demanded. For thefe reafons I have
herewith troubled your Lord^^' with a copy of my fpeech on the occafion; the addreffes
confequent upon it are not yet prepared.
I am with the greateft refped
My Lords
Your Lord^f" moft obliged and devoted fervani,
FRAN: FAUQUIER.
The Affembly meeting on the 19* of May, 1763, Governor Fauquier called particular
attention to the queftion of the Sterling debts of the Colony and urged that fome imme-
diate adtion be taken to bring about liquidation. At this time the fituation had become
very acute, the Burgeffes having refented the a(5tion of the merchants in attempting to
fettle their differences without fubmitting their plans to the Affembly for confideration.
This body had already given the queftion much time and thought, and while they were
willing
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willing to enact fatiTfaclory laws, they maintained that fuch a courfe was impolTible
unlefs fpecie could be fecured for circulation. This the merchants doubted and in
dif agreeing fought the aid of Great Britain, which at once effected a rupture and refulted
in an indefinite poftponement of the final fettlement of the queftion
GENTLEMEN OF THE COUNCIL,
Mr speaker, AND GENTLEMEN OF THE HOUSE OF BURGESSES,
I have called you together before the Time to which you ftood prorogued,
on Buiinefs of the greateft Importance to the trading Intereft of this Colony
but to that of our Mother Country.
You may remember that on a former Application of the Merchants of Great
Britain, trading to Virginia, 1 was honoured with an Inftrucftion from his Majefty
that I fliould recommend it to your Coniideration in what Manner you could
better provide for their Security in recovering Sterling Debts due from this
Colony to them : Your Negle(5l of that Inftrudlion has now drawn on you the
Cenfure of the Right Honourable the Board of Trade, for that Behaviour. On
a frefh Application of the Merchants to their Lordfhips, they have come to
feveral Refolutions on that Head, which I fliall immediately lay before you.
I have never yet deceived you, and I will not now attempt it ; but, in plain Lan-
guage, inform you that all Endeavotirs to evade their Force will prove fruit-
lefs, and plunge you ftill deeper in his Majefty's Difpleafure. It is abfolutely
neceffar}-' that fomething fhould be done to give the Merchants that Satiffadlion
for which they call upon you, and for which, in Cafe of the Integrity of your
Hearts, and of your Defire that every Man fhould receive full Payment and
SatiffacJtion for the Debts due to him, whether contradled in Sterling of current
Money, whether he be an Inhabitant of Great Britain or Virginia, I am fully
perfuaded you will immediately do every Thing in your Power to do them the
ftridleft Juftice, and remove their Fears. The Means of effedling this I fhall
leave to the Refult of your own Deliberations, after recommending two Points
to your Coniideration.
As the Support of public Credit is of the moft urgent Importance to a
trading Country, I muft prefs you to take Care that the Paper Money now in
Currency may be effe(5lually redeemed at the Times ftated in the Adls of
Aifembly paffed for that Purpofe, either by better providing for the Colledlion
of the prefent Taxes, if fufficient for the End propofed, or laying fome addi-
tional Tax, if the prefent are foimd infufficient for the Purpofe, that the Periods
for redeeming the fame may not be protradled.
Another Point I would recommend to you is the repealing the infolvent
Law, paffed laft Seffion of Aifembly, before it can take Place and have any
Effedl. This Meafure muft fully convince his Majefty, his Minifters, and even
the Merchants of Great Britain themfelves, of your upright Intentions, and
your Defire of doing Juftice to all Mankind ; for upon your reconfidering that
Law you will find that the Advantages to the Debtor and Creditor arifing from
it are not mutual; and that a Debtor has it in his Power to adl with great
PartiaUty, by paying particular Creditors before he is reduced to give up the
Whole for the Satiffadlion of the others. This is a Point which you may be
fure cannot be overlooked, and which muft neceffarily turn to your Difadvan-
tage, if you do not put a Remedy to it yourfelves.
After thus reprefenting to you the Situation of your Aft'airs with the Right
Honourable the Board of Trade, I fhould not do Juftice to their Lordfhips who
compofe that Board were I not to point out their Lenity in poftponing any
Obfervations on your Condudl, or any Report to his Majefty in your Diffavour,
until they had communicated their Refolutions to you, to give you Time to
reconfider thefe Matters coolly, and remedy the Evils complained of. For this
Purpofe
[ xxviii ]
Purpofe they have not only fent them in to me, but have given Copies to M''
Abercrombie and M"" Montague, to be by them tranfmitted to every Branch of
the Legiflature.
I am perfuaded I have faid enough to convince you of the Utility and
Neceffity of your engaging heartily in the Meafures enforced by the Refolutions
of the Right Honourable the Lords of Trade ; and as the leaft Appearance of
Reproach muft fenfibly affedt feeling Minds, I fhall quit this unpleafmg Subjed,
to enter upon one which muft communicate Joy to all true Lovers of their
Country, I mean the Conclufion of a moft glorious and honourable Peace between
his Majefty and all his Enemies, of which happy Event I take this Opportunity
to congratulate with you. The Care his Majefty has taken of his American
Colonies is a further Proof of his Attention to their Intereft and Security, and
demands the ftrongeft Returns of Loyalty, Obedience and Affection, from us.
Mr speaker, AND GENTLEMEN OF THE HOUSE OF BURGESSES,
This glorious Profpedt of a folid and lafting Peace will afford you an Oppor-
tunity of particularly attending to the Finances of this Colony, and of putting
them on a Footing which may tend to the Advancement of the Trade and Credit
of the Colony, and the Security and Satiffa(5tion of the Merchants trading to it,
and which may correfpond with the Sentiments of the Britifh Miniftry as to the
Eftablifhment of the Currency of the Colonies; for the anfwering all which
good Purpofes, I doubt not you will provide with your ufual Prudence and
Impartiality.
GENTLEMEN OF THE COUNCIL AND OF THE HOUSE OF BURGESSES
The Points I have recommended to your Confideration call upon you for
your moft ferious Reflexion, and I hope you will enter upon them with that
Degree of Earneftnefs and Harmony which the Nature of them requires from
you.
Replying to the Governor's addrefs on Friday 20* May, 1763, the Burgeffes main-
tained that they did not think it equal or juft to circulate notes without giving them the
value of money by making them legal tender:
SIR,
We his Majefty's moft dutiful and loyal Subjecfts, the Burgeffes of Virginia,
now met in General Affembly, humbly beg Leave to reprefent to your Honour
that as our feveral Emiffions of Treafury Notes, fo loudly complained of, were
made in Confequence of his Majefty's Requifitions, when it was impoffible to
procure Specie for thofe Exigencies; and there being no other Succedaneum
than Paper within our Knowldege, we could not expedl what we then did would
be confidered othei"wife than as Acfts of Duty to our Sovereign ; and we hoped
that Expedient, not indeed in itfelf always eligible, was jiiftified by Neceffity :
And we do not think it equal or juft to circulate fuch Notes without giving
them the effential Quality of Money, by making them a legal Tender in Pay-
ment of all Debts, except for his Majefty's Quitrents, and would not have emit-
ted them at all upon any other Conditions.
That after the Courts were empowered to direcft at what Difference of
Exchange Judgments for Sterling Debts fhould be dif charged, which Power had
never been abufed to the Difadvantage of any Creditor, and as the Notes were
redeemable by Funds fufficient, in our Opinion, for that Purpofe, if the Taxes
impofed were duly colledled, for regulating and enforcing which CoUeftion the
moft eft'e6lual Methods have from Time to Time been eftablifhed, and that none
of them could fuffer, except from the fluctuating Nature of Exchange, which
no Laws can guard againft; and therefore we did not apprehend we fhould
deferve Cenfure as negledling the royal Inftrucftion, the Spirit of which, we
humbly conceived, had been complied with.
Under
[ xxix ]
Under fuch Circtimftances, we cannot help confidering it as an Inftance of
Weaknefs or Caprice in the Britifh Merchants, ftill to infift on Satiffadion in
thefe Points, efpecially when the Evil they complain of, the exceffive Rife of
Exchange, will be fufhciently balanced by the Advantage they muft inevitably
receive from its prefent declining State.
We, Sir, are fo confcious of the Reditude of our Intentions with refped
to all Creditors, and of our having done, as we conceived, the ftrideft Juftice to
them, that we cannot help feeling very fenfibly the lealt Appearance of Reproach
on this Account ; but left we may have been miftaken in our Conceptions, and
as well to convince the World of our Integrity and Inclination to do Juftice to
all Mankind, as to pay that Regard which is due to your Honour's Recommen-
dation, of whofe Sincerity we have had too many Inftances to doubt it upon this
Occafion, and to whom we own ourf elves obliged for that Freedom with which
you have warned us of our Danger, we will reconfider this Subjed with the
Coolnefs and Attention the Importance of it defences, and affure your Honour
that every Thing in our Power fhall be done for the Support of publick Credit :
And althovigh our Condud herein may not entirely remove the Fears of all the
Merchants, permit us to hope it may prevent his Majefty's Difpleafure, which
we fhould lament as our greateft Miffortune, and fhall ever moft ftudioufly
endeavor to avoid.
We will alfo take the infolvent Law under our Confideration and remove
all Caiifes of Complaint on that Head, if poffible.
We do moft heartily rejoice with 5'our Honour on the Conclvifion of the
Peace, an Event not more glorious to his Majefty than it will be happy for us,
whilft with that is continued the additional Bleffmg of his princely Attention
to our Intereft and Security, which fhall ever meet with the warmeft Rettims
of Gratitude, Loyalty and Affedion.
The Governor in his communication of May 24*'', 1763, to the Board of Trade, notes
the apparent diffatiffadion exifting in the Aifembly, and urges that no notice be taken
of fuch parts thereof as indicate the difpleafure of that body :
W'"'burgh' May 24"' 1763
My Lords,
In the addrefs of the Burgeffes there appears, as your Lord^^" will obferve
fome warmth againft the Merchants of Great Brittain, whom they think they
fupport by their confignments of Tobacco to them, and by whom they think they
have been ill ufed on that account; but by the pains I have taken, I, with the con-
currence of the moft reafonable part of the Members of that body I have now fome
reafon to believe that they will cooly ccnfider matters and come into every thing
recommended to them or expeded from them. In my anfwer to this addrefs I thought
it advifable to take no notice of the warm parts of it, but pin them down to fuch af-
furances and Refolutions as I thought would beft anfwer the prefent purpofe.
I am, with the Greateft refped., My Lords,
Your Lord^'" moft obedient and devoted fervant
FRAN: FAUQUIER
As the refult of the Governor's efforts to adjuft the finances of the Colony, the
Affembly appointed a committee on Monday 23''<^ May, 1763, to inquire into the fimds
for the redemption of paper currency, the matter being referred to Meffrs. Bland, Richard
Henry Lee, and Benjamin Harrifon. This committee reporting on Tuefday 24* of May,
it was refolved that the notes eftablifhed for the redemption of the treafury notes at the
feveral ftated periods were fufhcient for the purpofe, and if a deficiency occurred it
fhould be met by a new and adequate tax. It was further refolved that a committee
be appointed to take the Governor's addrefs into confideration. This committee after
feveral days confultation prefented a report for the confideration of the Houfe on
Saturday
« Bancroft Tranfcripts — Library of Congrefs.
[ XXX ]
Saturday 28'^ of May. M^ Charles Carter, Chairman of the committee appointed to
prepare this addrefs prefented the fame, whereupon it was read and agreed to by the
Houfe.
In this addrefs the Affembly declared that the poffeffors of treafury notes had
received them with the underftanding that they were legal tender, except for his Maj-
efty's quitrents, and that any law contrary to fuch an underftanding would be an
injuftice to the people :
SIR,
Your Honour having, with yoiir accuftomed Candour and Goodnefs, com-
municated to us the Complaint of fome London Merchants trading to this Colony
to the Right Honourable the Lords of Trade and Plantations, and their Lord-
fhips Refolutions thereupon, we took the fame under our ferious Confideration,
and find ourfelves under the Necef fity of vindicating the Integrity and Upright-
nefs of our Proceedings, every Way, in our Opinion, confiftent with our Duty
to our King, and the true Intereft of our Country.
Our Dependence upon Great Britain we acknowledge and glory in as our
greateft Happinefs and only Security; but this is not the Dependence of a
People fubjugated by the Arms of a Conqueror, but of Sons fent out to explore
* and fettle a new World, for the mutual Benefit of themfelves and their common
Parent : It is the Dependence of a Part upon one great Whole, which, by its
admirable Conftitution, diffufes a Spirit of Patriotifm that makes every Citizen,
however diftant from the Mother Kingdom, zealous to promote its Majefty
and the public Good.
By fuch a Spirit, and by fuch Principles, Sir, hath our Condudt ever been
influenced ; and we hope we may, without Arrogance, take this Charadler to
ourfelves, fmce our late and prefent Sovereigns have been pleafed frequently to
beftow it upon us for the Part we took in the late War, when we did, as far as
we were able, contribute to the Succefs of the Britifh Arms.
This Condudt, though it hath received the royal Approbation, a Reward
adequate to our warmeft Wifhes, hath neverthelefs involved us in a great Debt ;
which, as it was created for the nobleft Purpofe, we fhould cheerfully fuftain,
if the Merchants had not raifed a moft vmreafonable Clamour againft our Paper
Bills of Credit: In the Emiffions of which, when a true and particular State
of the Fafts fhall be laid before you, and the Matter rightly underftood, we
doubt not a Zeal fo well intended will rather be imputed to us as meritorious
than liable to any Exception.
The Memorial, we are concerned to find, is fupported by a Proteft of fpme
of his Majefty's Council here. We would leave this Proteft to its Repofe, tmtil
Pofterity, for whom it is faid to have been defigned, fliould think it worth a
Perufal, had it not been commimicated by the Authors of it with a View to
alarm the trading Intereft, and appHed to Purpofes, and produced EfifecT:s, which
we hope the Protefters themfelves did not intend ; but fmce that hath raifed
the Apprehenfions of the Memorialifts, and inftigated them to folicit the Inter-
pofition of the Right Honourable the Board of Trade, we mvSX do Juftice to
ourfelves by examining the Grovmds of it. It is alleged " that the Want of a
fufficient Quantity of circulating Money was at firft the Pretence of iffuing
Paper Bills of Credit. " This is fuppofed to have meant, as it was underftood,
to infmuate that thefe Emiffions were to anfwer private Purpofes; but, if it
be remembered that all our neighbouring Colonies had long before adopted,
and moft of them repeated, the Expedient of Paper to fupply the Want of Specie
in Time of Peace, but that we did not follow their Example before the laft War,
after all our Treafure was anticipated, and that even then we chofe at firft to
borrow ;£io,ooo granted for his Majefty's Service, at the high Intereft of fix
per Centum, and never, until after that Refource failed, went into a Meafure fo
little
[ xxxi ]
little relifhed, and always, except in one Inftance of trifling Confequence, con-
fined the Amoirnt of the Notes to the Money granted : If thefe notorious Truths
are admitted, we leave it to the Judgment of the Difmterefted whether at fuch
a Crifis, when an a(5tual Invafion threatened, if not timely and vigoroufly op-
pofed, our total Extermination, the powerful Principle of Self Prefervation,
co-operating with the Requifitions of a moft gracious Sovereign, are not fuffi-
cient to acquit us of any fordid or unjuft Motives.
It is faid in the Proteft " that the Apprehenfions of the Mifchiefs that muft
be the Confequence of iffuing more Paper ]\Ioney were fufhciently warranted by
the acknowledged Deficiency of the Taxes for fmking what had iffued, a Defi-
ciency fo alarming to a preceding Affembly that it aftonifhed the Warmeft
Advocates for Paper Money." By whom this acknowledgment was made, or
what Part of the Affembly was alarmed at it, we know not ; but this we know,
and do affert, that there are no warm Advocates for Paper Money among us,
further than to prefen'e the Credit of what hath been iffued, and prevent the
evil Confequences of ftopping its Circulation at this Time ; and that no fuch
Deficiency ever appeared, or was alarming to, or acknowledged by us.
Indeed, upon Examination of the Treafurer's Accounts, it appeared that
many Sheriffs had not paid in the Taxes received by them, and therefore fo
much Money was not annually burnt as was intended by the Laws. This raifed
the Refentment of the Hoiofe againft thefe Officers, and conliftently with their
vmiform Intentions to ufe every Method for enforcing regular CoUedtions of the
Taxes, and finking annually the due Proportion of this Paper they ordered the
Sheriffs in Arrears to be profecuted on their Bonds, which, as our Laws have
provided a fpeedy Remedy againft them, and they give fuificient Security, hath
already brought in a confiderable Part of thofe Arrears, and will, we hope,
remove all Caufe of Complaint on that Account. But this Negled; in the
Officers is very diftinguifhable from an Infufficiency in the Taxes, which we
never doubted were fufficient, if properly colledled, to effecft the Purpofe of
Redemption ; and we are now confirmed in this Opinion, by a full State of the
Notes in Circulation, and of the Taxes, which we have caufed to be truly drawn,
and annexed hereto, for the Satiffadtion of your Honour, and every Perfon
concerned.
From this it will appear that the diffenting Members of the Council were
betrayed into a too hafty Affertion of thefe Fadls, by a Warmth arifing from
a Difference of Opinion about the Utility of the Law whereto their Proteft
related ; of which we will now take Leave, and proceed to the Confideration of
the Memorial itfelf, and the Refolutions of the Right Honourable the Board of
Trade thereupon.
Our Reafons for not providing at this Time for the fuppofed Deficiency in
our Taxes, will appear from what is before fet forth ; but to exprefs, what we
always conceived, that our publick Faith is engaged to fupply any accidental
Failiire in thofe Taxes, we have upon this Point come to the following Refolu-
tion:
" Refolved, That it appears that the Fvmds eftablifhed for the Redemp-
tion of the Treafury Notes, at the feveral ftated Periods, will be fufficient to
effedl that Purpofe ; but that if, by any Accident, they fhall happen to fail, any
Deficiency ought to be fupplied by a new and adequate Tax. "
The next Thing pointed out to us is the declaring thefe Notes not a legal
Tender in Payment of Sterling Debts, but that they may be received by fuch
Creditors only as are willing to accept them, and then not at their nominal
Value, but according to the real Difference of Exchange between fuch Paper
Bills and Sterling Money at the Time of Payment.
In entering upon this Confideration we encotmter a Charge which very
deeply affedls us, that we have been wanting in a proper Refpedt to the Crown,
as
[ xxxii ]
as well as in Juftice to the Britifh Merchants, in refufmg to comply with what
was recommended by his late Majefty's Inftrudtion of the 31 '* of January, 1759 :
When that Inftrudtion was communicated to us by your Honour, we conlidered
it with the Attention and Regard due to whatever comes from the Throne ; but,
as we mxift be allowed to judge for ourfelves, fo far as our Sandtion is neceffary
to any Law, and could not be convinced that the Meafure propofed was proper,
we did indeed decline to pafs fuch a Law, but at the fame Time, in an humble
x^ddrefs and Reprefentation to his Majefty, modeftly fet forth the Reafons of
our Condudl, which we prefumed to hope would preferve us from the Imputa-
tion of Difrefpedl to the Crown, and from royal Difpleafure. And as we heard
of no further Complaints from the Britifh Merchants on this Subjedl, from that
Time until the Meeting of this Seffion, we concluded they were fatiffied of our
Intentions to do them Juftice ; and we can venture to fay that had we known
our Reafons were not fatiffadlory, it would have prevented feveral fubfequent
Emiflions, and particularly the laft, which gave Rife to the prefent Complaint.
The Memorialifts allege that Exchequer Bills and Notes of the Bank of
England were not made legal Tender in Payment of Debts, although they are
upon a better Eftablifhment than our Notes, and deduce an Argument from
thence againft ours being declared fuch Tender, not confidering, as we conceive,
the true Diftin(5lion in the Cafes, The Notes of the Bank of England, circulated
upon Stocks of Specie, depofited to anfwer Payments when demanded, were
not forced upon any Perfon, nor was it neceffary: There was no Doubt of their
anfwering every local Purpofe of Money; and when the Cafe of Remittance
to foreign Countries Specie became neceffary, as they could obtain that for
their Notes, no poffible Fears could prevent the willing Receipts of them, and
make a Law to compel an Acceptance proper. We cannot deny but this makes
that Kind of Paper preferable to ours, and we fhould gladly have purfued fo
eligible a Plan, if our Circumftances would have admitted it ; but when it is
confidered that the Want of Specie, which had been drawn away by the Armies
to the Northward, was the fole Caufe of iffuing our Notes, there will require no
other Reafon to be afligned for our not circulating them upon the Footing of
Bank and Exchequer Notes. We had, therefore, no other Method than to emit
thefe Notes to circulate their Return to the Treafury, or Gold and Silver fuffi-
cient to redeem them by the Time appointed. And lince we were to force them
as Money upon our Army, and thofe who fumifhed them with Neceffaries, we
conceive it would have been very unjuft to have left their Creditors at Liberty
to take it of them or not ; and the fame In juftice muft have happened wherever
it had been f topped. We therefore thought ourfelves obliged not only to give
it that effential Quality of Money, to make it a legal Tender in all Payments,
but to add feveral other Reftridtions, to preferv^e its Credit, and prevent the
Defigns of the Avaritious to depreciate it for their private Gain.
But at the fame Time we confidered how the Intereft of the Britifh Mer-
chants might be affedted by this Money, and, at leaft as far as was in our Power,
if not effedtually, fecured that from Injury.
We ever confidered ourfelves as under an Obligation to difcharge our
Debts contradled in Great Britain, either in SterUng Money or foreign Coin,
received by Confent of the Creditor, or his Attorney here, as fuch a Rate for
the Difference of Exchange as would place the Money in Great Britain without
lofs. If the Creditor and Debtor could not agree about this Difference, as
Reference to Arbitration, or to the Courts of Juftice, was the only regular
Method of fettling it between them. But as the Demand, and in Confequence
the Judgment, was for Sterling Money, and until the Year 1748 there was no
Law diredting at what Rate of Exchange Sterling Debts fhould be dif charged,
the Confequence was that the Sheriffs, when they levied Money by Executions
-on Judgments for Sterling, demanded what Exchange they thought proper, to
the
[ xxxiii ]
the great Oppreffion of the Debtor and without any Advantage to the Creditor.
The Affembly then thought proper to put a Stop to fuch vinjuft Proceedings,
and, by the Adt, entitled, An Ad declaring the Law concerning Executions, and
for Relief of infolvent Debtors, diredted for fuch Executions for Sterling Money
to be levied at 25 per Centum, the real Difference of Money, and the then Differ-
ence of Exchange. The Britifh Merchants complained of this Adl, and repre-
fented that they might be confiderable Lofers when Exchange fliould rife
above 25 per Centum, which the Affembly took into their Confideration, and
endeavoured to provide a Remedy for. They knew that, as Exchange is fluc-
tuating, they could not do Juftice by fixing it to any certain Standard ; and
therefore, by the fubfequent Law taken Notice of in the Memorial, they em-
powered the Courts, where Sterling Judgments fhould be obtained, to fettle at
what Rate of Exchange the fame fhould be difcharged, which they conceived
would enable the Britifh Creditor to place his Money there without Lofs, as it
was not doubted but the Courts would be governed by the higheft Exchange
given at the Time for Bills drawn payable in Britain.
But the Memorialifts fay, this is not an ample Security of their Property
againft the evil Confequences of Paper Money being declared a Tender for their
Debts. We will beg Leave to confider their Reafons, in Support of this Affer-
tion in the Order they have mentioned them:
The firft is, they are advifed that the Law of 1748 is ftill in Force, having
received the royal Affent, which the amending Law could not obtain as the
former remained tmrepealed. This amending Law is not fufpended for his Maj-
efty's Approbation, but, from the Terms of it agreeable to the royal Inftrudlions
was in Force from the Time of its paffing here until his Majefty fhall declare his
Diffent and Repeal thereof; which not having happened, and the Courts here
allowing the Force of that amending Law, and adting according to the Spirit
thereof, we conceive it would have been more for the Intereft of the Memorial-
ifts to have folicited his Majefty's Approbation of that Law, if they thought it
neceffary, than to have founded Objections on its not being in Force ; and if
the royal Diffent, or any Determination here, that the Law was not in Force,
had turned to their Prejudice, they then might have complained with Reafon
on this Head.
The next Objedion to this Remedy is, that it is left to the Colony Judges to
fettle the Exchange upon Sterling Judgments in fuch Manner as they fhall
think reafonable and juft, which they fay is introducing a Mode and Form of
Jviftice tmheard of in the Britifh Realm. We have before obferved that when
we have not Sterling Money to pay Debts due in Great Britain, the Debtor is
left to compound with his Creditor for Payment in foreign Coin, or Treafury
Notes, at fuch Rate of Exchange as they can agree on ; if a Difpute fhall arif e
on that Head, which they cannot adjuft between themfelves, to whom can it be
referred, but as all other Difputes are, to the Courts of Juftice, the true confti-
tutional Refort? And we cannot dif cover what the Memorialifts mean by
calling this a new Mode of Juftice, unlefs it be that the Point fhould be tried by
a Jury, and not by the Courts, in which, if we erred, it was from a miftaken
Opinion that the latter would prove in this Inftance the moft competent and
impartial Judges. And as the Courts have conftantly, in the Exercife of this
Power, allowed the higheft Rate of Exchange, as fettled by the general Confent
of all the Traders, at which Bills of Exchange upon Great Britain were fold at
the Time, we humbly infift that Sterling Debts are virtually paid in Treafury
Notes, not according to their nominal Value, but according to the real Differ-
ence of Exchange between them and Sterling Money.
But it is faid. Experience hath fhown, in many Inftances, this Mode to be
infufficient, in as much as the Exchange hath rifen, between the Time of the
Orders of Court and a Poffibility of the Creditors obtaining a Remittance, to his
Difadvantage
[ xxxiv ]
Difadvantage. We allow there have been fuch Inftances, but we muft be per-
mitted to fay the Difadvantage hath hitherto been fmall and inconfiderable,
of a cafual Nature, againft which no human Laws can provide, and for which
therefore we cannot fuggeft a Remedy ; and the Injuries fuftained will be fully
compenfated by the Advantages the Creditors muft inevitably receive, in the
fame Proportion, from the prefent declining State of Exchange. By the
Method propofed, inftead of this objedled to, the Creditor is at Liberty to refufe
this Paper unlefs paid him at fuch Rate of Exchange as he is pleafed to demand ;
and we fubmit to all Mankind to determine which is moft liable to Objedtion, to
refer the Decifion to difmterefted Judges, under the Obhgation of an Oath, to
do equal and impartial juftice, or to the Creditor, under the Temptation of
Intereft, to take Advantage of his Debtor's Neceffity, and extort fuch Differ-
ences as might be very oppreffive, which we conceive would diredtly tend to
deftroy the Credit of our Paper Money, and introduce the greateft Mifchiefs.
We hope we have fully explained the Juftice and Neceffity of having made
thefe Notes a Tender in all Payments, guarding as we did the Intereft of the
Sterling Creditors; and if this was originally right, every Argument miift
doubly miUtate againft an Alteration at this Time in this effential Point : For,
when thefe Notes have been allowed to circulate feveral Years, and the prefent
Poffeffors have received them under the Faith of a Law which obliged their
Creditors to take them in the fame Manner, to take away that Obligation, and
to ftop the Paper in their Hands, would be an Adt of Injuftice, which, in our
Opinion, bears no Proportion to any poffible Injury the Steriing Creditors fuf-
tained, or can receive, from continuing the Notes on their prefent Footing.
For thefe Reafons, after the moft mature Deliberation, we cannot alter our
former Opinion, and have come to the following Refolution :
Refolved, That as the prefent Poffeffors of the Treafury Notes have
received them under the Faith of a Law making them a legal Tender in all
Payments, except for his Majefty's Quitrents, to alter that effential Quality
of them now would be an Adt of great Injuftice to fuch Poffeffors ; and that as
the Britifh Merchants have conftantly received, and under the prefent Regula-
tions of our Laws will continue to receive fuch Notes for their Sterling Debts,
according to the real Difference of Exchange between this Colony and Great
Britain, at the Time of Payment, their Property is fo fecured as to make fuch
Alteration unneceffary with Refpedt to them.
In advifing the Board of Trade of the adtion of the Affembly, Governor Fauquier
ftated that he was unable to comply ftridlly with its demands " for the better eftablifh-
ing the credit of the Treafury Notes. " He further ftated that the Burgeffes contented
themfelves with fending him a long addrefs fetting forth their reafons in the Treafury
Note matter:
W'"^burgh'^ June z" J7<5j.
My Lords.
And now, My Lords, I am forry to fay I could go no further, for inftead of
complying ftridly with the fatiffadion your Lord''" demanded for the Merchants
and for the better eftahlifhing the credit of the Treafury notes, the Houfe of Burgeffes
contented themfelves with fending me a very long Addrefs containing reafons for
their condud with the ftate of the Treafury accounts, and the produce of the Taxes
annexed; which I have enclofed to your Lord''" with my anfwer in the Box with
this. It appearing to me by the ftate of the account, that the Taxes would really
fink the whole paper money by the Time prefcribed, efpecially as the Tax on
Tithables is found to encreafe confiderably on the laying of every new Levy, I waved
the pr effing them on this article, and turned the whole force of my argument in all
my converfations with any of the Members of the General Affembly, on the expe-
diency and fafety of taking off the legality of the Tender for Sterling Debts. But the
danger
I Bancroft Tranfcripts— Library of Congrefs
[ XXXV ]
danger of this meafure was by long prejudices fo deeply rooted in thetr minds, that
I think I brought but jour Gentlemen over to my opinion, to consider this matter in
the light in which I confidered it; and this was done not by any general reafoning,
but by fuppofed cafe, I brought in order to illuftrate my meaning which was this.
I fuppofed that A, a Gentleman of known great fortune (indeed I inftanced M'
Nelfon) fhould give out promiffory notes for a large fum, and that B, a Gentleman
of very fmall fortune fhould do the fame, and that the legiflature fhould give B's
notes, the effential property of money by making them a legal Tender, w"'' they fhould
refufe to A's notes, I afked whether any Man in his fences, would not more willingly
take the notes of A without the fandion of a legality by Ad of Affembly, than the
notes of B with it. But like the deaf Adder, they flopped their Ears.
I am with the greateft refped and Regard
My Lords,
Your Lord^f" mo ft obedient & devoted fervant.
FRAN: FAUQUIER.
Being unable to accomplifh the wifhes of the Board of Trade in the Paper Money
queftion, the Governor determined that the Affembly fhould be prorogued, hoping there-
by to receive a more favorable confideration of the Money queftion at another feffion.
In his addrefs to the Burgeffes, at this time, he acknowledged that the taxes appeared
to be fully fufificient to anfwer the ends propofed, but maintained that the Affembly
fhould have provided for the full payment of all outftanding notes :
GENTLEMEN OF THE COUNCIL,
Mr SPEAKER, AND GENTLEMEN OF THE HOUSE OF BURGESSES,
When I called you together, to lay before you the Refolutions of the
Right Honourable the Lords Commiffioners for Trade and Plantation Affairs,
foimded on a Memorial of the Merchants of Great Britain trading to this Colony,
prefented to their Lordfhips, I hoped and expe(5led that you would, by fome
Adts or Refolves, have removed all future Caufe of Complaint from the Mer-
chants, and given full Satiffadtion to their Lordfliips in all the Points recom-
mended to your Reconiideration.
By the State of the Accoimts of the Treafury, and the Taxes laid to fink
all the various Emiffions of Paper Money at the Times ftipulated in the feveral
Adts empowering the Treafurer to iffue fuch Notes, I muft candidly acknowl-
edge that the Taxes do appear to me to be fully fufficient to anfwer the Ends
propofed ; but, let this be granted : What Objedlion could there have been to
your having bound yourfelves, by a formal Refolve of the whole Legiflature, to
have provided for a full Payment of all the Notes outftanding, by fome addi-
tional Tax adequate to the Purpofe, in Cafe of any accidental or unexpedled
Deficiency of thofe now in Being? This you might have done with the utmoft
Safety ; for if the Taxes already laid fhould prove fufificient, no new Burthen
would have been laid on the People ; and if they fhould not, your Honour ftands
engaged to make up all Deficiences, however occafioned : And then it would have
remained with you to have confidered whether the Legality of the Tender of
Paper Notes, after fuch Stability and Security given them, might not have been
taken off without rifking the Ruin and Deftrudlion of the Colony, fo much
dreaded, as the Confequence of removing it.
Having Nothing further to expedt from you in this Seffion, I fhall now
prorogue you, and you are accordingly prorogued, to the third Tuefday in
Auguft next.
Having prorogued the Affembly to the third Tuefday in Auguft, and determining
that the time was not propitious to difcufs the Money queftion, the Affembly was again
prorogued to Thurfday, January i2">, 1764. During this fhort feffion of nine days, an
attempt was made to have the Affembly further provide for the maintenance of the regi-
ment
[ xxxvi ]
ment raifed during the late war. This the Burgeffes refufed to do, upon the ground that
fuch an adt would again incur the difpleafure of the Britifh merchants, and poffibly
refult m minifterial cenfure. Nothing, therefore, was done with the Money queftion at
this feffion, though it was taken up and dif cuffed at length.
During the feffion beginning the 30* of Odoher, 1764, the Governor, in his opening
addrefs, called attention to a new propofition made by the merchants of Great Britain
trading in Virginia, to have their Sterling debts fecured to them by a payment in Sterl-
ing money. He reafoned that this was perfedtly juft and that it was the duty of the
Af fembly to eff edl fuch a refult :
GENTLEMEN OF THE COUNCIL,
M^ SPEAKER, AND GENTLEMEN OF THE HOUSE OF BURGESSES,
You are now met in General Af fembly, after a long Recefs, to confider of
and go through the Bufmefs of the Country, and fuch other Points as may be
offered for your Deliberation. In the Courfe of this Seflion many Matters of
Importance will come under yoiu" Confideration ; and by the long previous
Notice you have had of the Time of your affembling, I hope I now meet you
prepared to undergo with Patience and Cheerfulnefs the Fatigue which a long
Seffion imavoidably brings with it.
Belides the ordinary Bufmefs of the Seffion, I have it in Charge to lay before
you, and eameftly recommend to your moft ferious Attention, a Propofition
made by the Merchants of Great Britain trading to this Colony to the Right
Honourable the Board of Trade, relating to their having their Sterling Debts
fecured to them by a Payment in Sterling Money: This is reafonable on the
Face of it ; and the Lords of Trade have left it to you to provide for it your-
felves, by any Means you fhall think moft expedient to effedl that Purpofe, be-
fore they referred the Complaints of the Merchants to the Britifh Parliament.
This Lenity of their Lordfhips demands a fuitable Return from you: And
that you may be the better enabled to anfwer their Expedlations, I fhall imme-
diately lay before you a Minute of the Proceedings of that Right Honourable
Board, and the Letter their Lordfliips have fent to me on that Head. By a
now Long Experience, I have always found you difpofed to do Juftice to all
Men ; and I hope this Difpolition will induce you to give that Juftice to the
Merchants which fliall be fatiffadlory, not only to his Majefty and his Minifters,
but to the Merchants themf elves. This Letter I have long fmce received ; but
being unwilling to give you an additional Trouble, and create an unneceffary
Expenfe to the Country, I did not immediately convene you, but poftponed it
to this Time, when it was thought proper you fhould meet, as I judged this
would anfwer the Purpofe intended: But then, Gentlemen, I undertook to
anfwer for you that you fhould enter upon this Matter immediately on your
Meeting, that I might be enabled to tranfmit to their Lordfhips your Adts, in
Confequence of the Propofition offered you, Time enough for their Lordfhips to
make that Ufe of them which they fhould think proper. That I may perform
this Engagement, which I have entered into on your Account, I make no Doubt
but that you will, without Delay, proceed on this Bufmefs ; and that the Refult
of your Deliberations will do Honour to yourfelves, Juftice to the Merchants,
and give Satiffadtion to the Miniftry .
The letter referred to by Governor Fauquier and which he tranfmitted to the
Affembly, authorized that body to legalize the tender of paper money in payment of
debts. As this was in conflict with an act ' of Parliament, Governor Fauquier, under
date of November 16*^, 1764, ftated that acting tinder inftructions received from that
body, he felt it his duty to offer and recommend that fuch a courfe be followed. He
likewife ftated that he had alfo received inftructions to prolong the time in which
it would be legal to tender money already emitted.
Replying
I Statutes at Large, VI. p. 560. 2 Bancroft Tranfcripts — Library of Congrefs.
[ xxxvii ]
Replying to the Governor's addrefs, under date of Friday, November 9*'' 1764, the
Burgeffes declared that no Sterling fpecie being in circulation they could not fecure
the debts in the manner fuggefted by the merchants, but ftating that they had " revifed
the feveral laws authorizing the Paper Emiffions, and directing the Rate of Exchange at
which Judgments for Sterling Money fliould be difcharged:"
Sir,
The Burgeffes of Virginia, now met in General Affembly, have had under
their moft ferious Conlideration that Part of your Honour's Speech recom-
mending the Re-examination of the Complaints of the Britifh Merchants to the
Right Honourable the Board of Trade, relating to our Paper Money, with the
Refolutions of their Lordfhips thereupon : And that we might proceed with a
Deliberation that fhould fully evince the Redtitude of our Intentions, we
revifed the feveral Laws authorizing the Paper Emiffions, and diredting the
Rate of Exchange at which Judgments for Sterling Money fhould be difcharged ;
and have aKo reviewed our Reafons, prefented to your Honour at a former Sef-
fion, in Support of the Jviftice of thofe Laws. The prefent Propofition being
only that we fhould fecure the Payment of Sterling Debts in Sterling Money,
here, in Great Britain, we examined how either of thofe Payments might be
effected ; and as we have not Sterling Specie to pay here, which the Merchants
well know, we could fecure the Sterhng Creditors from Injury, in the Receipt of
the Paper by no other Means, that we can fuggeft, except by dire(5ting that they
fhould be paid fo much Paper as would place their Money in Britain without
Lofs. This, we are ftill of Opinion, the Law diredting the Courts to fettle the
Exchange on all Judgments fully effedts ; to which we can add no greater Secu-
rity, without altering our Currency in that effential Part that makes it a legal
Tender in all Payments, which we think, we cannot do without violating the
Principles of natural Equity, in regard to the prefent Poffeffors. And as we
conceive an Alteration unneceffary with Refpedl to the Creditors, and might be
attended with Oppreffion as well as Injuftice to the Debtors, we can by no
Means agree to that Meafure ; efpecially as a Payment in Paper is preferable to
one in Sterling Specie here, if fuch we had to pay, fmce that Specie could not be
fent to Britain without a Lofs of Freight and Enfurance ....
This adtion upon the part of the Affembly was accepted by the merchants in Great
Britain as a satiffadtory adjuftment of the differences exifting between them and the
merchants in Virginia. By revifmg the feveral laws authorizing the emiffion of paper
money, the long exifting harmony between Englifh and American trade was at once
re-eftablifhed. The caufes which led to this rupture largely refulted from the ftringent
laws of Parliament, which forbade a proper adjuftment of the finances of the Colony.
This was due in no uncertain degree to the imufual demands on the part of the Board of
Trade, which not only was objectionable to Virginians, but would have refulted in the
moft gigantic debt of Colonial times. The period from 1758 to the paffmg of the refo-
lutions againft the Stamp Adt was, therefore, one of great financial trouble, and as a
forerunner of the Revolution, was largely inftrumental in cementing the intereft of the
Colonies.
The action upon the part of the Board of Trade, in permitting the Affembly to
revife the feveral laws on the Paper Money queftion, was a happy ending of the differ-
ences between the merchants in Great Britain and thofe in Virginia. By this act the
trade fyftems of the Colony again became operative, and remained upon a fatiffactory
bafis to the clofe of Britifh rule in America. The circumftances which led to this
rupture were varied and many, the moft important being the demand upon the part
of the Board of Trad-^ for the eftablifhment of the Colony upon a war bafis. Paft
experience
[ xxxviii ]
experience had shown the lack of neceffity for a ftanding army in Virginia, and fuch
regiments as had been authorized had refulted in numerous debts, which the people
had to meet by heavy and unjuft taxation. The period covered by the financial
troubles of the Colony, was, therefore, one of great trouble, and as a forerunner of
the Revolution was largely inftrumental in cementing the interefts of Virginia with
thofe of the other Colonies.
Clofely affociated with the differences between the foreign merchants and thofe in
Virginia, was the "Two Penny Adt, " or what is commonly known as the " Parfon's
Caufe. " As already noted one of the moft difficult problems of the Colony was to fecure
money for any purpofe. Virginia had been denied the privilege of coinage, and as trade
with Great Britain brought no gold or filver into the Colony, it was, therefore, neceffary
for the planters to have a medium of exchange wherewith to pay their bills, and as
tobacco was the chief produdl the planters ufed it for this purpofe. From time to time,
various adts were paffed to regulate this cuftom which was inaugurated in 1632, ' by an
adt providing for five warehoufes, in which all tobacco intended to be ufed as a medium
of trade fliould be ftored and properly infpedted. Subfequent revifions of this law
refulted in Infpedtors Certificates and Notes being given at legal warehoufes, which be-
came the main currency of the Colony. Thefe notes were accepted, not only for
private but public debts, and the expenfes of the government were eftimated and
taxes levied upon tobacco as the bafis of exchange.
In 1696 the f alary of the clergy of the Eftablifhed Church was fixed at 16,000
pounds of tobacco, which was to be levied by the feveral vef tries and parifhes through-
out the Colony. "Lawful perquifites" alfo exifted in the ufe of the glebes and the
monopoly of marriage and burial fees. This law which accafioned the difpute between
the Colony and the Affembly, did not allow for fludluation in the price of tobacco, nor
did it prefcribe for a redudtion in the falaries of the Clergy in event of a failure of the
tobacco crops. As the abfence of claiifes of this nature infured to the Clergy the fame
income annually, whether the crops were gathered or not, the law was deemed unfatif-
fadlory and after being in force for more than fifty years, the Affembly determined to
amend it, £0 as to dif tribute the burden refulting from a failure of the tobacco crop upon
all refidents of the Colony. This adtion was bitterly oppofed by the Clergy, who main-
tained that their rights as fet forth in the Adt of 1696 were inviolable, and that the
Affembly in amending the Adt did fo in diredt oppofition to the Church of England:
AN ACT" FOR THE BETTER SUPPLY AND MAINTENANCE OF
THE CLERGY.
Whereas a competent and fufficient provifion for the clergy will be the only
means to fupply this dominion with able faithful and orthodox minifters
whereby the glory of God may be advanced, the church propagated and the
people edified, and, whereas the law now in force entituled glebes to be laid out,
in makeing fuch provifion, doth feem verry deficient and uncertain.
Bee it enaded by the Governour, Coimcell and Burgeffes of this prefent gen-
erall affembly and the authority thereof, and it is hereby enaded, That the faid adt
of affembly in the printed book entituled glebes to be laid out, and every claiife
and article thereof be from henceforth repealed and made void, to all intents
conftrudtions and purpofes as if the faid adt had never been made, any thing in
the faid adt or in any other adt to the contrary in any wife notwithftanding.
And be it enaded by the authority aforefaid, and it is hereby enaded. That all
and every minifter or minifters in all and every parifh and parifhes in this
dominion incumbent in the faid parifh or parifhes and therein officiating as
minifter or minifters fhall have and receive for his or their meantenance the
fume
I Hening, I, p. 203. 2 Ibid., III. p. 151.
[ xxxix ]
fume of fixteen thotifand po\inds of tobacco befides their lawfull perquifites,
and that it fhall and may be lawfull for the veftry or veftryes of any parifh or
parifhes and they are by vertue of this adl authorized and impowered to raife
and levy the fame in their refpedtive parifh or parifhes, as alfo to levy five per
cent for coUedling and paying the faid tobacco convenient.
And be it further enaded by the authority aforefaid, That it fhall and may be
lawfull for the veftry and veftries of all and every parifh and parifhes to
appoint the church -wardens off whome they think fitt to colledl and receive the
minifters or other parifh dues, and the faid perfon or perfons foe qualified as
aforefaid, fhall be and are hereby impowered in cafe of non-payment to
make diftrefs for the fame.
An be it further enaded by the antlwrity aforefaid, That all and every veftry
and veftryes in this dominion fhall bee and are hereby authorized and impow-
ered where the fame is not allready done to purchafe and lay out a trad of land
for the glebe att their difcretion and att the charge of their refpedtive parifhes.
And likewife to build and erredt a convenient dwelling houfe for the reception
and aboad of the minifter of fuch parifh or parifhes att the difcretion of fuch
veftry or veftryes. Provided allwayes, and it is the true intent and meaning of
this adt, that if any veftry or veftryes of any parifh or parifhes fhall find their
parifhes to be fo fmall and poor and not to be able to allow and maintaine a
minifter as aforefaid, that then application of the veftry or veftries to the gov-
emour of the time being, that their refpedlive parifhes may be united and con-
folidated to the next adjacent parrifh or parifhes. And, whereas the clerk of
the regifters fee feems to be fo fmall an incouragement for an office of foe much
truft.
Bee it enaded by the authority aforefaid, and it is hereby enaded. That every
clerk of the regifter fhall and may lawfully by vertue of this adl take and
demand the fume of five pounds of tobacco or fixpence for recording and regif-
tering every birth, burial or marriage and the church wardens of the faid par-
ifh or parifhes or any other perfon or perfons appointed by the veftry or vef-
tryes are hereby authorifed and impowered to coUedl the fame, or in cafe of non-
payment to make diftrefs.
In 1748 a revifion of this law was effedted which eftablifhed the value of infpedled
tobacco at fixteen fhillings and eight pence per one hundred pounds. This was fifty per
cent in excefs of the valuation of tobacco in 1696, when the law fixing the clergy's falary
fixteen thoufand pounds was enadled. It became neceffary, therefore, to effedt an imder-
ftanding whereby the annual allowance of the clergy fhould not exceed in aggregate the
adtual value placed upon their fervices by this adt :
AN ACT' FOR THE SUPPORT OF THE CLERGY; AND FOR THE
REGULAR COLLECTING AND PAYING THE PARISH LEVIES.
I. Be it enaded, by the Lieutenant Governor, Council, a^id Burgeffes, of this
prefent General Affembly, and it is hereby enaded by the authority of the fame,
That every minifter now preferred, or hereafter to be preferred to, or received
into any parifh within this dominion, fhall have and receive an annual falary
of fixteen thoufand poimds of tobacco, and cafk, with an allowance of four per
cent, for fhrinkage, to be levied, affeffed, colledted and paid, in manner herein
after diredted.
II. And be it further enaded by the authority aforefaid. That the veftry or
every parifh within this dominion fhall, and they are hereby authorifed and
required, at fome convenient time, before the firft day of December, in each
year, to meet and lay the parifh levy ; whereof public notice fhall be given by
the
I. Hening, VI.p.88.
[xl]
the minifter or reader, at each church in the parifh : And every veftry is hereby
authorifed and required to levy and a££efs, upon the tithable perfons in their
refpe(5live parifhes, as well the minifter's falary aforefaid, as all other the par-
ifh charges, and alio the legal allowances for cafk, where the tobacco due to any
parifh creditor fhall be contradled for to be paid with cafk, together with the
allowance of fix per centum for colledling the parifh levy.
III. And be it further enaded by the authority aforefaid, That where any
parifh is or fhall become vacant, by the death or removal of their miniftry, the
veftry of fuch parifh fhall have power to levy the falary aforefaid, or any part
thereof, for fatiffying fome neighbouring or other minifter, or minifters, for
ferving in the cure of fuch parifh during the vacancy.
IV. And for the better colle(fting and paying the parifh levies, Be it fur-
ther enaded by the authority aforefaid, That the veftry of every parifh refpedl-
ively fliall be, and is hereby authorifed and impowered, to nominate and ap-
point fuch perfon as they fhall think fit, to colle(5t and receive their parifh levy,
the perfon fo appointed giving bond, with fufficient fecurities, that he will duly
colle(5l,'pay, and fatiffy, unto the feveral parifh creditors, all tobacco for them
levied: And every fuch coUedlor, for his trouble, fhall have the allowance
herein before appointed, and fhall aKo have full power and authority, by virtue
of this B.€t, upon refufal of payment of the faid levies, or any part thereof, by
any perfon or perfons chargeable therewith, to diftrain the flaves, goods, and
chattels, of the party refufing, and to make fale thereof, in th^ fame manner as
is by law diredled for other diftreffes : And if the veftry of any parifh fhall neg-
ledl or refufe to levy the tobacco due to the minifter, or other parifh creditors,
in fuch cafe, all and every the veftrymen of the parifh negle($ling, or refufing,
fhall be hable to the a(5lion of the party grieved, his, or her executors, or admin-
iCtrators, for all damages which he or fhe fhall fuftain by fuch refufal or negled;.
V. And be it further enaded by the authority aforefaid. That in every parifh
of this dominion, where a good and convenient glebe is not already purchaied
and appropriated, a good and convenient tradl of land, to contain two hundred
acres at the leaft, fhall be purchafed by the veftry, and affigned, and fet apart
for a glebe, for the ufe of the minifter of fuch parifh, and his fucceffors, in all
times hereafter; and where manfion, and other convenient out-houfes, are not
already ereded, for the habitation of the minifter. It is hereby declared, and
enaded. That the veftry of every fuch parifh fhall have power, and they are
hereby authorifed and required, to caufe to be eredled and built on fuch glebe,
one convenient manfion houfe, kitchen, bam, ftable, dairy, meat houfe, com
houfe, and garden, well pailed, or inclofed with mud walls, with fuch other con-
veniencies as they fhall think fit, and to levy the charge of the glebe land, and
bviildings, on the tithable perfons in their refpedlive parifhes.
VI. And to the end the buildings already eredled, or hereafter to be ered:ed
upon every glebe, may be kept in good repair. It is hereby further enaded. That
every parifh minifter within this dominion fhall, during the time of his being
minifter of the parifh, keep and maintain the manfion houfe, and all other the
out-houfes and conveniencies, eredled, or to be eredled on his glebe, in tenant-
able repair, and fhall fo leave the fame at his removal from his parifh, or death,
accidents by fire, or tempteft, only excepted: And in cafe any minifter fhall
fail fo to do, fuch minifter, his executors and adminiftrators, fhall be liable to
the adlion of the churchwardens of the parifh, for the time being, wherein the
value of fuch repairs fhall be recovered in damages, with cofts of fuit, and the
damages fo recovered, fhlall be applied and laid out in making neceffary repairs
upon the glebe : And every veftry of a vacant parifh is hereby impowered and
required, to put all the buildings upon the glebe of their parifh, into fuch good
and fufficient repair, as that the fame may be fit for the reception of the fucceed-
ing miniCter: Provided neverthelefs, That any veftry, who fhall judge that the
minifter
[Xll]
minifter has not wilfully committed any wafte on his glebe, may make fuch
neceffary repairs, at the charge of their parifh as they fhall think fit: And
every minifter, received into any parifh as aforefaid, fhall be entitled to all the
fpiritual and temporal benefits of his parifh, and may maintain an adlion of
trefpafs againft any perfon or perfons whatfoever, who fhall difturb him in the
poffeffion and enjoyment thereof.
VII. And whereas it is doubted, how long the right of prefentation of a
minifter to a parifh, remains in the veftries in this colony: For fettling that
matter, Be it further enaded, by the authority aforefaid, That the fole right of
prefentation fhall be, and remain, in the feveral veftries, for and during the
term of twelve months next after a vacancy fhall happen in their refpedtive
parifhes.
VIII. And be it further enaded, by the authority aforefaid, That one adl
made in the firft year of the reign of his prefent majefty, intituled, An Ad for
the better fupport of the clergy of this dominion; and for the more regular colleding
and paying the parifh levies: And all and every other adt and acfts, claufe and
claufes heretofore made, for or concerning and matter or thing within the pur-
view of this adl, fhall be, and are hereby repealed.
IX. And be it further enaded, by the authority aforefaid. That this ad; fhall
commence and be in force from and immediately after the tenth day of June,
which fhall be in the year of our Lord one thoufand feven hundred and fifty
one.
In Odober 1755, the Burgeffes finding that a great drought had cut fliort the crop of
tobacco, which would make it impoffible for the people to meet their tobacco debts, they
paffed an adt making it lawful for debtors to pay all debts, including taxes, in money, at
the rate of fixteen fhillings and eight pence per one hundred pounds of tobacco. This
was at the rate of two pence per pound, hence the adt was known as " The Two Penny
Adt."
AN ACT^ TO ENABLE THE INHABITANTS OF THIS COLONY TO
DISCHARGE THEIR TOBACCO DEBTS IN MONEY, FOR THIS PRE-
SENT YEAR.
I. WHEREAS by reafon of the great drought a very fmall quantity of
tobacco is made, fo that the inhabitants of this colony are not able to pay their
public, county and parifh levies, and the officers fees, and other tobacco debts
in tobacco for this prefent year, according to the diredtions of the laws now in
force ; for remedy whereof, and to prevent the fheriff s and other coUedtors of the
public dues, from taking advantage of the neceffities of the people, and exadting
exorbitant prices for tobacco, due or payable to them from the poor and needy.
II. BE it enaded, by the Lieutenant Governor, Council, and Burgeffes, of this
prefent General Affembly, and it is hereby enaded, by the authority of the fame,
That it fhall and may be lawful to and for any perfon or perfons, from whom
any tobacco is due by judgment, for rent, by bond, or upon any contradt, or for
public, county and parifh levies, or for any fecretaries, clerks, fheriffs, furvey-
ors or other officers fees, or by any other ways or means whatfoever, to pay and
fatiffy the fame, either in tobacco, according to the diredtions of the adt of
Affembly, intitled, An ad for amending the ftaple of tobacco, and preventing
frauds in his majefty' s cuftoms, or in money, at the rate of fixteen fhillings and
eight pence, for every himdred poimds of nett tobacco, and fo in proportion for
a greater or leffer quantity, at the option of the payer: And the fherifiis and
other colledlors fhall, and they are hereby required to receive the fame from any
perfon or perfons, in difcharge of any fuch levies and officers fees; aforefaid,
fhall account with, and pay to the perfons entitled to the fame, in proportion to
their feveral demands, all tobacco and money which they fhall receive in pay-
ment
'. Hening, VI, p. 568.
[ xlii ]
ment of fuch levies and fees, which fhall difcharge fuch fheriffs and colledlors
from any other demand for fuch levies and fees, any law to the contrary thereof
notwithftanding.
III. Provided always, That nothing herein contained fhall extend, or be
conftrued to extend, to any public, county, or parifli levies, or officers fees now
due or hereafter to become due, in any coimty where by law the inhabitants of
fuch coimty, are now impowered to difcharge the fame in money.
IV. And be it further enaded, That this adt fhall continue and be in force
for the fpace of ten months, and no longer.
The paffage of this law marked the beginning of the breach between the Clergy and
the Affembly, and gave rife to one of the moft important events in the hiftory of Virginia.
" As it was an effort to regulate a fludtuating currency, by one acknowledged to be the
ftandard, and only diredted the value to be placed on that which had fiudruated, which
was in the minds of the parties to the contradts involved, and of the legiflature when the
public taxes were laid, it was generally admitted to have been right and proper. " As
was anticipated, however, the value of tobacco rofe but the increafe in price did not keep
pace with it. This being advantageous to the clergy, they were unwilling to be denied
the privilege of colledting their falaries in kind, and addreffed a letter "to the Bifhop of
London , afking that the adt be annulled by the King :
THE CLERGY OF VIRGINIA TO THE BISHOP OF LONDON.
Virginia, ' 25, i75<J.
May it pleafe your Lordfhip,
We the fubfcribers being of the Eftablifhed Clergy in the Colony of Virginia,
humbly beg leave to reprefent to your Lordfhip the great hardfhips we at prefent
lye under by an ad of our legislature, paft here in Nov laft (o copy of which is
enclofed) , which we humbly conceive is a breaking in upon our eftablifhment, an
tinfult upon he Royal Prerogative & contrary to the liberty of the fubjed, as well
as to natural Jiiftice & Equity. This, may it pleafe your Lordfhip, is a heavy
charge; but yet, if upon a true & candid reprefentation of the cafe, your Lordfhip
fhall think as we do, we hope for your intereft & interceffion at the proper board to
have this law, fo far as it affeds us, your Lordfhips's clergy, repealed.
That your Lordfhip may be fenfible of the hardfhips we complain of, be
plea fed to confider, that there ever has been a ftanding Law in this Colony & which
has lately rec^ the Royal affent " that every beneficed Minifter of the Chh of Engl**
fhall receive an annual Salary of 16,000 lbs of Tobacco, paid by the refpedive
Parifhioners, but this laft year, becaufe fmall Crops of Tobacco were made & a
high price confequently expeded; our legiflature in a new & unprecedented manner,
have altered the law confirmed by the fandion of royal affent, fo far as to make it
optional in the people, to pay either Money or Tobacco; & which is ftill a greater
hardfhip upon us, they have valued out Tobacco at an under rate, viz: at 2d per lb.,
when the market is generally expeded to be jd if not 4d per lb. (of this Currency
which is at leaft 25 per cent worfe than Sterl^ & fometimes more). When the
market is low, which has been generally the cafe from 1724 till now, the Clergy are
obliged to reft fatiffied with what they can get for their Salaries which are but too
Scanty at beft, we therefore hope that your Lordfhip will think with us, that we
ought in juftice to have the benefit of the rifing market, but when your Lordfhip is
pleafed to confider that this option law has a retrofped & deprives us of a property
earnt & due before it was a law, your Lordfhip may be fatiffied of this Retrofped
in the Law complained of, we beg your patience while we inform you, that the Vef-
tries {who have the Power by Law to Levy the Clergy's Salaries) take care not to
Levy any Tobacco for their Parifh Minifter till it is due («. e.) fuppofe we are reC^
into
I. Perry: Hiftorical Collections, Vol. I, p. 440.
[ xliii ]
into a Parifh {for Inftitution & Inditdion we have none), in the fall, when the Par-
ifh Levy ts laid by Law; The Veftries Levy no Tobacco for us till that time 12
Months & the Tobacco then Levied is not demandable by Law till the laft of May
following & perhaps not rec'' for fame months after that, fo that at our firft fetting
out in the world, in low circum fiances, we are obliged to labor in our extenfive Par-
ifhes (fome of which are 100, many 60 & 70, & the common extent of them jo & 40
Miles in length) , in extr emetics of Weather both hot & cold for a year & a half at lea ft
& fometimes longer before we receive our Salaries: by which time many of us are
obliged to run fo much in debt that we can hardly ever after retrieve our circumftan-
ces & all this time the Law we complain of has a retro fped & deprives us of a prop-
erty due by Virtue of a former law & a law too that has had the royal affent & pur-
fuant to his Majefty's inftrudions to the Gov^ cannot be altered or any other enaded
in its place, without a fnfpending claufe, till his Majefty's pleafure is known {one
of which inftrudions is, as we are affurcd, not to pafs or materially to alter any
Law, in contradidion to one that has obtained the Royal affent for a year & a day ;
or till fuch time as his Majefty's pleafure fhall be known). Our legiflature were
fo fenfible that their option Law is contrary to Royal Prerogative & Inftrudion &
withal fo apprehenfive were they that it would be repealed, fo foon as it was known
at home; that to make fure work of it, they enaded it to be in force for 10 months
only, which was long enough for their purpofe, as all Tobacco Payments would be
over in that time; & yet a repeal could not be obtained. This may it pleafe your
Lordfhip is a true ftate of the cafe, & one would think that there muft needs be
fome extraordinary reafons for paffing fo extraordinary a Law, yet when your
Lordfhip is plea fed to confider thefe reafons, they are fuch as will by no means,
juftify the condud of the legiflators, for in the /'' Place, the fmall quantity of
Tobacco made {which feems to be their main argument), will by no means do it, for
fmall Crops of Tobacco are fo far from being a lofs to the Country that in the opin-
ion of the moft difcerning Judges, they are an advantage to it. To explain this
to your Lordfhip, we beg leave to obferve, that by reafon of the great quantity of
Tobacco commonly made, the Market is Overftockt; & the low prices given are
hardly able to fupport the Planters. But if there was lefs made, the market would
rife in proportion & the Planter would get as much for his fmall quantity, as he at
any time would, for his greater. This our legiflature are fo well aware of, that they
have made feveral attempts to leffen the quantity of Tobacco, by a Stint law & now
when Providence has made a ftint to their hands by an uncommon Drought in the
Summer & a Froft early in the fall, it is very hard that the Clergy fhould be denied
the benefit of it. The next reafon given for paffing the law is, to prevent frauds &
impofitions in Colledors. But we humbly apprehend, that this law now com-
plained of, will be fo far from anfwering this pretended good end, that it will open
a door to greater frauds & impofittons than any Law ever yet did, for as it leaves it
to the option of the Payer, to pay either Money or Tobacco, the colledor will be fure
to make his advantage by it & pay to public Creditors what beft fuits his tntereft
which in fuch a multitude of Payers, he may fafely do without the leaft rifk of being
deteded. Another Scheme our Legiflators fell upon, to make their option law go
down & to glofs over the injury intended by it to our eftabtifhment, was to tack our
Salaries to placemen's fees, for if your Lordfhip pleafes to obferve, they do not
ftrike at us diredly & feparately, but covertly, & in conjundion with Secretaries,
Clerks, Sheriffs & other Tobacco Creditors. 'Tts very true. May tt pleafe your
Lordfhip, that all Tobacco Creditors are fufferers by this law, but none fo much as
the Clergy; as our all depends upon it & the retrofped of the Law affeds us much
more, than it does any other Tobacco Creditors. But the moft material thing in our
favor is, that our Salaries have had the Royal affent and therefore cannot be taken
from us or dtmtnifhed in any refped, by any Law made here without trampling
upon the Royal Prerogative, & furely there is a vaft difference between the eftab-
lifhed
[ xliv ]
lifhed clergy's livings, fecured to us by Royal Sandion, & placemen's fees, which
never had that Sandion, hut are temporary &" variable & difcretionary tn the leg-
flature according to the exigence of the Country. In the laft place, the law is col-
ored over with charity & compaffion to the poor. If this was really the defign of
the law, we beg leave to anfwer your Lordfhip that none are more ready & willing
to promote charitable defigns, than the Clergy are here according to our abilities.
But if the more obvious defigns of the Law fhould appear to be a favtng & felf-
intereft to the rich & great, we hope the law will be ftript of this difguife & view'd
in its proper Colors, & that this is really the Cafe, will we doubt not appear to your
Lordfhip when you are pleafed to confider that all our public dues are paid in
Tobacco at a certain proportion for every titheable {taxable), per f on {taxable per-
fons are all white males above i6 years of age & all negroes both male and female
of that age). Now it is manifeft, that the rich man who pays for inftance for lOO
tithables {& fome have feveral Hundreds) , muft fave lOO times as much by the law
as the Poor man who has but one tithable & many none at all. There is no Charity
therefore in the law, unlefs it be that Charity which of all others may moft truly &
properly be faid to begin at home, at the Legiflator's own home. Had the Law had
a refped to the poor & them only, the Clergy would have cheerfully acquiefced in it,
but we think it hard that the whole Burden fhould be laid upon us; nay, that near
half a Salary fhould he taken from us by law & diftributed among the rich & the
great {which is really the cafe here) , & not among the Poor. Thefe are the plaufihle
reafons given for paffing this ad & we muft fubmit to your Lordfhip whether or not
they will juftify our Legiflature in what they have done. As in our humble opinion
the rights of the King & Church are f truck at, we the eftablifhed Clergy who think
our f elves inftrufted with the Patrimony of the Church reckon it our indifpenfahle
duty to acquaint your Lordfhip with this encroachment & all we deflre is to have the
free ufe & difpofal of our properties & to hold our livings {fmall as they are). Inde-
pendent of thofe who have hitherto fhewn us good will. If it fhould after all be
objeded to the juftnefs of our complaint, that other Tobacco creditors are fufferers as
well as we, & yet they acquiefce under the law complained of; we anf that the rea-
fon why they do not complain is, becaufe their fees are entirely difcretionary in the
Legiflatitre, who would furely have docked them had they not acquiefced. The
Salaries we ought to receive next June, purfuant to a former Law were due before
the law we now complain of was made, & were we to receive them in due courfe we
believe upon the be ft computation, we fhould not receive the lo"' part of the Tobacco
made this year even where the Crops are fmalleft, nor the 20'^ part take the Crops
upon an average all over the Country; & in other years one with another, not the
50'^ part of what is commonly made. Our being deprived of the benefit of this
rifing market, will ftill keep us in debt in & fo in a dependant State, a thing much
aimed at by the great men of this Country & not only fo, but it will fink our Credit
with our Mother Country, by putting it out of our power to fhip home our Tobacco,
towards difcharging our debts already contraded in Great Britain, & for importing
from thence many neceffary of life, which confequently we muft buy here at a high
advance, at leaft double the firft coft. There is no doubt but thofe leading gentle-
men of the Legiflature, who were principally concerned in paffing this ad, will or
have already fent home fome juftification of their condud, & may Poffibly repre-
fent both it & us in a light neither deferves. If it fhould be fo, as we are a poor
helplefs fet of men, we have nothing to rely upon but the juftice of our caufe & your
Lordfhip' s favor & protedion, which we implore only upon condition, that it fhall
appear to your Lordfhip that we are ill ufed & have reafon to complain; which
furely is the cafe, fo long as we are both fubjeded to fuch laws as make property
precarious & while the legiflature affume a power to take from us by one Law what
they gave us by another as is notorioufly our cafe & which your Lordfhip may be
fatiffied of, by comparing the Clergy Law of 1^48 which then had the Sandion of
the
[xlv]
the Royal affent, with this option Law of 1755 which we hope never will obtain that
Sandion. 'Tis with great concern that we are obliged to take this opportunity to
acquaint your Lordfhip that the eftablifhed Church & Clergy are upon a very pre-
carious footing in this Colony, but tho' often ill ufed yet they have never been totally
deferted by every branch of the legtflature till now. And fince in this our unhappy
■fituation at prefent we have the more need of a friend at court & we humbly think,
that we cannot apply fo properly to any friend as to your Lordfhip our worthy
Diocefan & as we have already experienced your Lordfhip' s goodnefs in fupport-
ing our caufe, when we were attacked in our title, by one great man, in the cafe of
the late M^ Kay, we flatter ourfelves that we fhall have the continuance of your
favor & protedion, when we are now ftruck at in our properties by the whole legifla-
tive body of this Domimon; who, we muft fay it, have diftinguifhed themfelves in
their mal-treatment of the Clergy. For Virginia & Maryland, are the only 2 Gov^
where Tobacco is the ftaple & where the Clergy are paid in that commodity, & tho'
there are as fhort crops made there as here & tho' the Maryland Clergy receive yearly,
near twice as inuch Tobacco as we do in Virginia, yet there there is no Option Law
in that Gov* nor any attempt made to Subvert their Eftablifhment. As we are the
nioft numerous Clergy of any one of his Majefty's Colonies & have done Nothing
to forfeit the protedion of the legiflature, 'tis very hard that we fhould be fingled out
& made the only fufferers. Were we not apprehenfive that we have already tref-
paffed upon our Lordfhip' s patience we could fet forth fimdry other pernicious
confequences of this Law, particularly how prejudicial to religion & the propogation
of the Gofpel in this part of the world, fuch treatment of the Clergy muft be; for
furely it cannot but difcourage tis in the dif charge of our Miniftertal duty & m a
great meafure defeat our power of doing good among our people who are but too apt
to follow the example of their fuperiors in treating the Clergy with fcorn & con-
tempt. It muft alfo have a threatening afped iipon all ufefid seminaries of Learn-
ing particularly the College of Will™ & Mary tn this Colony, founded by Royal
Charter, in which Seminary our youth are educated in feveral ufeful branches of
learning & fome trained up for the miniftry. For in our opinion no man will
give his Son a liberal education or bring him up for the Miniftry tinder fuch dif-
couraging circumftances, & no Clergyman of worth & learning will ever come from
Britain to fettle here, where he will be fo far from meeting with due protedion, that
he runs the rifk of being denied the rights & privileges of a free born fubjed. We
alfo humbly conceive that the making fuch a law efpectally at this time, is highly
impolitic in a Church of Engl<^ Legtflature. For of late, Diffenters of feveral de-
nominations have fettled here and are gaining ground among us, who make it their
bufinefs not only to divide our Church & feduce the unwary from our communion,
but mifs no opportunity of raifing their own reputation tipon the ruin of that of the
eftablifhed clergy. Here then is the be ft opportunity for them to exult & triumph.
And now to conclude this long Epiftle, we beg leave to affure your Lordfhip, that
the whole body of the Clergy of this dominion, unanimoufly lay to heart the grievan-
ces we complain of & the reafon why fo few names are fubfcribed to this, is chiefly
owing to the great diftance between our refpedive habitations & becaufe your Lord-
fhip's Commiffary judged it unadvifable to call a convention of the Clergy; but
withal affured us that he would heartily efpoufe our caufe & Second our addreffes
to your Lordfhip, & as he thinks that private reprefentations will better anf our
purpofe, we have no other method left but to form ourfelves into fmall Brotherhoods
& in this way to fue for redrefs. So throwing ourfelves & ottr caufe on your Lord-
fhip's favor & protedion & in hopes that your Lordfhip will ufe your intereft with
his Majefty & the Miniftry that the evils we complain of may be redreff'd & fuch
relief afforded to your Lord f hip's fuffering Clergy as his Majefty in his great wif-
dom & goodnefs fhall think fit, we beg leave to fubfcribe ourfelves.
May
[ xlvi ]
May tt pleafe yotir Lordfhip,
Your Lordfhip's moft dutiful & obd' Sons & Servants,
JN" BRUNSKILL, Sen/ in the 40'^ year of my Miniftry.
HEN^ DUNBAR, in the 30"' year of my Miniftry.
PATRICK HENRY, in the 24"' year of my Miniftry.
ALEX. WHITE, in the 11"' year of my Miniftry.
JN° ROBERTSON , in the ii"' year of my Miniftry.
ALEX. FINNIE, in the 31 f year of my Miniftry in the Country.
THO^ WILKINSON, in the 3"^ year of my Miniftry.
PETER DAVID, in the 5"" year of my Miniftry.
JN'^ BARCLAY,
W^ WILLIE, in the iS"" year of my Miniftry.
In 1758 it was again apparent to the Affembly that a fhort crop of tobacco would
be produced, and an adl fimilar to the adl of 1 755 was immediately paffed. This adl on
upon the part of the Affembly renewed with much bittemefs, the feeling of diffatiffadtion
upon the part of the Clergy of the Colony, and was the diredt caiife of uniting them in
oppofition to the wifhes of the people :
AN ACT^ TO ENABLE THE INHABITANTS OF THIS COLONY TO
DISCHARGE THEIR PUBLIC DUES, OFFICERS FEES, AND OTHER
TOBACCO DEBTS, IN MONEY, FOR THE ENSUING YEAR.
I . It being evident , from the prodigious diminution of our f taple commodity
occafioned by the xmfeafonablenefs of the weather in moft parts of the colony,
that there will not be tobacco made to anfwer the common demands of the
country ; and it being certainly expedient at all fuch time to prevent, as much
as poffible, the diftrelfes that muft inevitably attend fuch a fcarcity: Be it
therefore enaded, by the Lieutenant Governor, Council and Burgeffes, of this
prefent General Affembly, and it is hereby enaded, by the authority of the fame.
That it fhall and may be lawful to and for any perfon or perfons, from whom
any tobacco is due by judgment, for rent, by bond, or upon any contradl, or
for public, coimty, or parifh levies ; or for any fecretary's, clerks, fheriffs, fiu"-
veyors, or other officers fees, or by any other ways or means whatfoever, to
pay and fatiffy the fame either in tobacco, according to the diredtions of the
adl of affemlby, instituled. An Ad for amending the ftaple of tobacco, and pre-
venting frauds in his majefty's cuftoms, or in money, at the rate of lixteen Chilling
and eight pence for every hundred poimds of nett tobacco, and fo in proportion
for a greater or leffer quantity, at the option of the payer ; and the fheriffs and
other colledlors fhall, and they are hereby required to receive the fame from
any perfon or perfons in dif charge of any fuch levies and officers fees ; and the
fheriffs or other colledtors of the levies and fees aforefaid, fhall accoimt with,
and pay to the perfons entitled to the fame, in proportion to their feveral
demands, all tobacco and money which they fhall receive in payments of fuch
levies and fees, which fhall difcharge fuch fheriffs and coUedtors from any other
demands for fuch levies and fees, any law to the contrary thereof notwith-
ftanding.
II. Provided always. That nothing herein contained fhall extend, or be
conftrued to extend, to any public, county, or parifh levies, or officers fees now
due, or hereafter to become due, in any covmty by law the inhabitants of fuch
county are now impowered to difcharge the fame in money.
III. Provided alfo. That nothing herein contained fhall extend to any
contract made for tobacco before the paffmg of this a(5l, where the money or
goods given for fuch tobacco have been bona fide paid at a greater rate than fix-
teen fhillings and eight pence per hundred, as aforefaid, but that all fuch con-
tradls
1 Hening, VII, p. 240
[ xlvii ]
tradts fhall be difcharged in tobacco according to the terms of fuch contrads,
or in money according to the price really given for fuch tobacco, together with
the lawful intereft arifmg on the fame to the time of paying the fame, at the
option of the perfon or perfons from whom the tobacco would have been due,
had this adl never been paffed.
IV. And be it further enaded, That this adl fhall continue and be in force
for one year, and no longer.
As neither this adl or the adt of 1755, had the claufe fuf pending its operation imtil
royal fandlion was fecured, they at once became operative, which refulted in the Affem-
bly being affailed by the Rev. John Canim and other clergy of the Virginia Diocefe.
On this queftion the clergy were divided, many of them declaring that they preferred to
fhare the miffortimes of the Colony, rather than reap the additional revenues refulting
to them under the adl ftipulating that their falary fhould be paid at the rate of fixteen
thoufand potinds of tobacco annually.
In 1759 it was foimd neceffary to pafs a law explaining the adl of 1758. This adl
determined that nothing contained in the adl referred to fhould be conftrued as apply-
ing to any fheriff or other coUedlors of levies and office fees, who had received fuch
levies and fees and had not paid them into the public treafury.
As the refult of the various adls on this fubjedl and the great difcontent of the
clergy, who claimed that their rights had been placed in jeopardy, various fuits followed.
None, however, attradled fuch intereft as did the fuit of the Rev. James Maury of the
Parifh of Frederick fville, in Louifa County. On April i'* 1762, this gentleman brought
fuit in the name of the veftry of his Parifh, againft Thmnas Johnfcni and Tarlton Brown,
colledlors of the parifh levies and the fureties on their official bond. The legal talent in
this famous cafe confifted of Peter Lyons, a ftrong and able lawyer, who later became
Prefident of the Virginia Court of Appeals and Patrick Henry, the original defender of
Colonial rights and author of the refolutions againft the Stamp Adl. The defendants
were firft reprefented by John Lewis, a counfel of confiderable ftanding, who relied
entirely upon the adl of September 14"' 1758, to fuftain the caufe of his clients. The
plaintiff demurring to this plea upon the groiind of being infufficient, the queftion of the
validity of the adl was at once raifed. On November s*** 1763, the demurrer was argued
and fuftained, the court declaring the adl to be null and void. This decrfion left nothing
to be afcertained by the jury but the amount of the damages, which confifted of the
differences between the money adlually paid the Rev. James Maury and the value of
the tobacco to which he was entitled. This turn of affairs affumed a very favorable
afpedl for the clergy, who fully expedled that the jury would give them the amount of
damages claimed.
At this jtmdlure Patrick Henry's fervices were fecured by the defendants and the
cafe fet for trial for the December term of court, which began on the firft day of that
month. At this trial the fheriff f eledled a jury that was not fatiffadlory to the plaintiff,
there being only two members of it in the clafs known as gentlemen. Henry, however,
infifted that they were honeft men, and, therefore, imexceptionable. This point being
upheld by the court the following jurors were fwom and ferved : Benjamin Anderfon,
John Wingfield, George Dabney, John Thornton, Samuel Morris, Brewfter Sims, William
Claybrook, Stephen Willis, Jacob Hundly, Roger Shackelford, John Blackwell, and Benja-
min Oliver.
The plaintiffs coimfel after introducing other teftimony, offered in evidence the
bonds of the defendants, as colledlors, and the order of the veftry diredling a levy to be
made for the falary of M'' Maury, in 1759. Believing this to be all the evidence that was
neceffary for them to produce the plaintiffs refted their cafe. The only evidence intro-
duced by the defendants was ¥•■ Maury's receipt for £iaa, the fame being the receipt
for the tobacco due him as commuted by the adl of the Affembly.
The line of argument taken in this celebrated cafe has been preferved in part by
William Wirt Henry, in his " Life of Patrick Henry, " [ Vol .1, p. 36 ] and in a letter from
the
I. Hening, VII, p, 277
[ xlviii ]
the Rev. John Maury, plaintiff in the cafe, to the Rev. John Camm, printed in
"Memoirs of a Huguenot Family" by Fontaine.
It having been determined that the ad was null and void, it only remained for the
jury to fettle the amount of damages to be received by the plaintiff. The court had
upheld that the jury muft return a verdidl in favor of the plaintiff, but they need not
find more than one farthing damages. After confidering the matter for five minutes,
the jury returned a verdidl in favor of the plaintiff for one penny, and as the court refufed
to confider a motion for a new trial, one of the greateft cafes of Colonial times ended.
As early as 1755 the differences between the Affembly and the Clergy in the cafe
jvift narrated became a fubjedl of general difcuffion. Numerous pamphlets were aKo
written upon the fubjedl, the firft being the work of Landon Carter of Sabine Hall, an
ardent advocate of the people's rights and a clofe ftudent of economy. This pamphlet,
which was printed in 1759, did not appear under Carter's name, he ufmg the pfeudonym.
"A Member of the Church of England:"
CARTER, LANDON.
A I Letter • | to the | Right Reverend Father in God \ The Lord B[ifho]p of
Liondo^n. \ Occafioned by a Letter of his Lord f hip's to the L[or]ds \ of Trade, on
the Subjed of the Ad, of Affembly, paffed \ in the Year iyj8, intituled. An Ad to
enable the 1 Inhabitants of this Colony to dif charge their pub | lick Dues, &c.
in Money for the enfuing Year, | from Virginia. \ [1759.]
Title page. Corredions, pp. 1-2 ; Text, pp. 3-56; 21.5 xu"-".
Carter in this publication ftrongly upholds the Affembly in creating the Adts of
1755 and 1758, and argues that the clergy of Virginia fancied themf elves aggrieved.
He likewife comments freely upon the Remonftrance of the clergy, and calls the Bifhop
of London to account for his views expreffed in his letter to the Board of Trade under
date of June 14* 1759.
The next important publication bearing on this fubjedl was written by Richard
Bland in 1760, under the following title:
BLAND, RICHARD
A I Letter = | to the | Clergy of Virginia, \ in which. | The Condud of the
General-Affembly is vindicated, | Againf t | The Refiexiona contained in a Letter
to the Lords | of Trade and Plantations, from the Lord-Bifhop | oi London, \ By
Richard Bland, Efq ;one of the Reprefentatives in ] Af/embly for the County of
Prince-George. | . . | Williamfburg: \ Printedhy William Hunter. \ MDCCLX. |
Title page. " Copy of a Letter from the Lord-Bifhop of London, to the
Lords of Trade and Plantations," (dated Fulham, June 14, 1759.) pp. iii-vi
Text, pp. 3-20. Bland's letter is dated at the end, " Jordan's, March 20, 1760. "
19 X 12 cm.
In this publication Bland replied, as did Landon Carter, to the following letter written
by the Bifhop of London to the Lords of Trade and Plantations. This commtmication
which occafioned fuch determined oppofition upon the part of the Colony to the views
of the clergy, was written at Fulham, June 14*'' 1759:
Fidham,^ June 14"' iy§g
My Lords,
I have confldered the Ad from Virginia, referred to me:. It feems to be the Work
of Men confcious to themf elves that they were doing wrong: for, though it is very
well known that the Intention of the Ad is to abridge the Maintenance of the Clergy,
yet the Framers of the Ad have ftudioufly avoided naming them, or properly defcrib-
ing them, throughout the Ad; fo that it may be doubted whether, in a legal Conftruc-
tion, they are included or not. But, to take the Ad as they meant it, and as every
Body uiiderfta^uis it, we muft firft confer by what Authority the Affetnbly aded,
in paffmg fuch a Law; and, in the next Place, how inconfiftent the Provifion of
the Ad was with Juftice and Equity: The Subjed-Matter of the Ad, as far as the
Clergy are concerned, was fettled before by the Ad of Affembly; which Ad has the
Royal
• Virginia State Library. Bofton Athenaeum. = Boston Athenaeum.
3 Perry: Hiftorical Collections, Vol. I, p. 461
[ xlix ]
Royal Affent and Confirmation, and could not be repealed by a leffer Power than
niade it; and, to make an Ad to fufpend the Operation of the Royal Ad, is an
Attempt which in fome Times would have been called Treafon, and I do not know
any other Name for it in our Law.
If they had brought in an Ad of Repeal, to take Place from the Time they could
obtain the King's Affent to the faid Ad of Repeal, they would have been blamelefs;
but, to affume a Power to bind the King's Hands, and to fay how far his Power
fhall go, and where it fhall ftop, is fuch an Ad of Supremacy as is inconfiftent with
the Dignity of the Church of England, and nianifeftly tends to draw the People of
the Plantations from their Allegiance to the King, when they find they have a higher
Power to proted them: Whether or not fuch an Effed be produced, I know not; but,
furely it is Time to look about us, and to conflder the feveral Steps lately taken to
the Diminution of the Prerogative and Influence of the Crown; lately taken, I fay:
Becaufe, within a few Years paft, Virginia was a well-ordered and well-regulated
Colony, and lived in Submiffion to the Power fet over them; they were all Members
of the Church of England, and no Diff enters among ft them; the Clergy refpeded,
and well ufed by the People; but thefe Days are over, and they feem now to have
nothing more at Heart than to leffen the Influence of the Crown and the Maintenance
of the Clergy, both which ends will be effedually ferved by the Ad now under our
Confideratton.
It was not till the Year 1^48 that this Spirit began to fhow itfelf, at which
Time an Ad of Affembly pa f fed, by which the Patronage of all the Livings in the
Colony were taken from the Crown, and given the Veftry in the feveral Parifhes;
and yet this Ad received the Royal Affent, upon what Inducements, I know not:
But it was obfervable, that the Affembly did not care to attack the Rights of the
Crown, and that of the Clergy, at the fame Ttme; a}id therefore, tn the fame Ad of
1748, there is the ftrongeft Confirmation of the Clergy's Right to their full Propor-
tion of Tobacco, without any Diminution whatfoever, which Provifion was meant
to filence the Complaints of the Clergy againft the other Part of the Ad; and Reafon
they had to Complain, when^ inftead of the Royal Authority, they were put under
the Power of the Veftry and made fubjed to the Humours of the People.
That no Good was finally intended the Clergy, is nianifeft from hence, that no
fooner were they in Poffeffion of the Patronages, but they wanted alfo to be abfolute
Mafters of the Maintenance of the Clergy; in which Attempt, they proceeded warily,
and endeavoured to bring in the Scheme by Degrees; and accordingly, in the Year
1755, the Clergy in the Counties of Princefs Anne and Norfolk were deprived of
their Tobacco, and forced to accept of a Contpenfation in Money, very much to
their Lofs.
The fame Year produced a general Ad, but a temporary one, and was followed
by a very extraordinary Refolution of the Council; tlie Cafe was this: The Affem-
bly had paffed the Ad; when tt came to the Governor for his Affent, he boggled at
it; and, for his own Secunty, thought proper to admfe with the Council, that is,
with the very Per fans who Itad been the Promoters of it; he tells them, he apprehend-
ed it interfered with the Law confirmed by his Majefty in regard to the Allowance
provided for the Clergy.
Here the Cafe is fully ftated: It is admitted, that the Maintenance of the
Clergy had the King's Confirmation; and that the Governor, by his Inftrudions, is
reftrained from altering tt; but it feems the Ad confirmed by his Majefty, appointed
16,000 Pounds of Tobacco to each Clergyman. The Ad upon which this Advice
was afked took no Notice of the Quantity of Tobacco allowed to the Clergy, but made
it fubjed to a Compenfation in Money, which was to be rated by the very Perfons
who were liable to the Payment of the whole: Upon this Circumftance the Council
gave their Judgment, and declared it was the Opinion of the Board, that this Bill
was not contradidory to that Law, infomuch as it by no Means leffened the
Quantity of Tobacco allowed the Clergy, but only afcertained the Price thereof to be
paid
[1]
paid in Money for all Dues, as well to Officers as to the Clergy.
This Declaration is a formal Judgment in the Cafe, ftated between the Author-
ity of the Crown and the Power of the Affembly, and fubjeded the Laws eftablifhed
by the Royal Affent to be altered correded or fufpended, by a Vote of the Affembly.
The Lieutenant-Governour wanted fomething of an Excufe for what he was
ftrongly inclined to do, and a very fad one they furnifhed him with. What made
him fo zealous in the Caufe, I pretend not to judge; but furely the great Change
which manifeftly appears in the Tempers and Difpofition of the People in that
Colony, in the Compafs of a few Years, deferves highly to be confidered; and the
more fo, as the Deputy-Governour and Council feem to ad in Concert with the
People, to lend their Authority to fupport their unreafonable Demands: Bui one
would think, upon C onfideration of fome late Tranfadions there, that the Deputy-
Governours thought themfelves obliged, upon their fir ft Entrance, to make a Prefent
to the Veftries of the Maintenance of the Clergy, the Jurifdidion of the Prerogative
and the Supremacy and Rights of the Crown.
As to the Want of Juftice and Equity fhewed in the Ad to the Clergy, the Cafe
is too plain to admit of any Reflexion upon it: If the Crown does not or cannot fup-
port itfelf in fo plain a Cafe, as is before us, it would be in vain for the Clergy to
plead the Ad confirmed by the King; for their Rights muft ftand, or fall, with the
Authority of the Crown.
I am, my Lords,
Your moft obedient humble Servant,
T. LONDON.
The next publication bearing on the queftion at iffue between the Clergy and the
Affembly, was a pamphlet by the Rev. John Camm, printed at Annapolis, Md., in 1763.
So far as is known not a copy of this publication is extant, though Sabin records it in
his "Bibliotheca Americana" Vol. 3, p. 254. In this publication Camm endeavoured
to comment diredly upon the adt in queftion and farcaftically refers to its " beneficial
and wholefome effedt in York-Hampton Parifh." He likewife replies, as the title in-
dicates, to the juftice and charity exhibited by Landon Carter, in, " A Letter to the Right
Reverend Father in God, The Lord Bishop of London.". . . and to Bland's "A Letter
to the Clergy of Virginia," . . pamphlets already referred to as bearing on this subjedl:
CAMM,' REV. JOHN
A Single and Diftinft View of the Adl, Vulgarly entitled, Three-Penny Adl ;
Containing an Account of its beneficial and wholefome effedt in York-Hampton
Parifh. In which is exhibited A Specimen of Col. Landon Carter's Jiiftice and
Charity; as well as of Col. Richard Bland's Salus Populi. By the Reverend
John Camm. . . . Annapolis, Pnntedhy Jonas Green, ior the Anthor. 1763.
4to. 55 PP-
The next contribution to the literature on this fubjedl was publifhed in 1764, by
Landon Carter, tmder the title of the " Redor Deteded" ... In this pamphlet
Carter undertakes to juftify the Two Penny Adt, and boldly ftates that the Rev. John
Camm mifreprefented fadts relative to the queftion at iffue :
CARTER, ' LANDON
The I Redtor Detedted : | Being a | Jtift Defence of the Two-penny Adt, |
Againft the artful Mifreprefentations of the | Reverend /o/in Camm, | Redlorof
York-Hampton, \ in his | Single and Diftindl View. | Containing alfo a plain Con-
futation of his feveral | Hints, as a Specimen of the Juftice and Charity | of
Colonel Landon Carter. \ By Landon Carter, of Sabine Hall. | . . . Williamf-
burg: I Printed by Jofeph Royle. MDCCLXIV. |
Title page. Introduction, pp. 3-4. Text, pp. $-39- Errata, [i] p. 17.5
X 15 cm.
The Rev. John Camm reviewed the " Redor Deteded" fhortly after it appeared
in print, his pamphlet being the laft publication of note bearing on the queftion.
Coming
I No copy found. ^ Bofton Athenaeum
[li]
Coming at a time when the iffues between the clergy and the people had been fettled,
the pamphlet attradled Kttle, if any, attention. Affociated with the foregoing pam-
phlets, however, confiderable Hght is thrown upon the catife of the clergy, and as fuch
conftitute a diftin(5t clafs of literature which clearly denotes, not only the exiftence of an
iffue, but a very marked exhibition of perfonal opinion and difpleafure :
CAMM,' JOHN
A ', Review | of | The Re(5tor Detedted : | or the | Colonel | Reconnoitered. j
PartoftheFirft. | . . | William fburg: \ Frintedhy Jo feph Royle, MDCCLXIV . \
Title page. Text, pp. 3-29 19x15.5 cm.
The arguments the clergy fet forth to maintain their pofition created intenfe feeling
throughout the Colony, and was a prime fad;or in bringing about the feparation of the
Church and State. The influence exercifed by the clergy prior to their attempt to
didtate to the Affembly was very marked. Their caufe, however, was put to a very
fevere teft at this time, and the defeat adminiftered them by the various juries to which
their caufes were fubmitted, was a blow from which they never fully recovered.
The Rev. John Maury in reciting to the Rev. John Camni the incidents of the trial
of this caufe, gives a very entertaining account of this cafe, and fo far as is known it
is the moft prominent expreffion of M'' Maury on the fubjedt;
December" 12"', iy6j.
To the Rev. John Canim.
Dear Sir: —
Now that I am fomewhat at leifure, than when I wrote to you by Major Winfton,
from Hanover, fome few days ago, I have fat down to give you the beft account I
can of the moft material paffages tn the trial of my caufe againft the Collodors in
that Court, both to faiiffy your own curiofity, and to enable the lawyer, by whom
it is to be managed in the General Court, to form fome judgment of its merits.
I believe, fir, you were advifed from Nov'r Court, that the Bench had adjudged the
twopenny ad to be no law; and that, at the next, a jury, on a writ of inquiry, were
to examine whether the Plaintiff had fuftained any damages, and what. Accord-
ingly, at December Court, a feled jury was ordered to be funnnoned; but, how far
they who gave the order, wifhed or inteded it to be regarded, you may judge from
the fequel. The Sheriff went into a public room, full of gentlemen, and told his
errand. One excufed himfelf (Peter Robinfon of King William) as having
already given his opinion in a fimilar cafe. On this, as a perfon then prefent
told me, he immediately left the room, without fummoning any one perfon there.
He afterwards met another gentleman (Richard Sq. Taylor) on the green, and, on
his faying he was not fit to ferve, being a churchwarden, he took upon himfelf to
excufe him, too, and, as far as I can learn, made no further attempts to fummon
gentlemen. Thefe, You'll fay, were but feeble endeavors to comply with the
diredions of the Court in that particular. Hence, he ivent among the vulgar herd.
After he had feleded and fet down upon his lift about eight or ten of thefe, I met
him with it in his hand, and on looking over it, obferved to him that they were not
fuch jurors as the Court had direded him to get, being people of whom I had never
heard before, except one, whom, I told him, he knew to be a party in the caufe, as
one of the Colledor's Securities, and, therefore, not fit for a juror on that occafion.
Yet this man's name was not era fed. He was even called in Court, and, had he
not excufed himfelf, would probably have been admitted. For, I cannot recoiled
that the Court expreffed either furprife or diflike that a more proper jury had not
been fummoned. Nay, though I objeded againft them, yet, as Patrick Henry
{one of the Defendant' s lawyers) mfifted they were honeft men, and, therefore,
unexceptionable, they were immediately called to the book and fworn. Three of
them, as I was afterwards told, nay, fome faid four, were Diffenters of that denomi-
nation called New Lights, which the Sheriff, as they were all his acquaintance,
muft have known. Meffrs. Gift and McDowall, the tivo moft confiderable purchaf-
. ers
I Bofton Athenaeum. Lenox Library. 2 Fontaine--Memoirs of a Huguenot Family.
[ lii ]
ers in that county, were now called in to prove the price of tobacco, and (worn. The
teftimony of the former imported, that, during the months of May and June, 1759,
tobacco had currently fold at jo s. per hundred, and that himfelf, at or about the
latter end of the laft of thofe months, had fold fame hundreds of hhds. at that price,
and, amongft the reft, one hundred to be delivered in the month of Auguft, which,
however, were not delivered till September. That of the latter only proved, " That
jO s. was the current price to tobacco that feafon. " This was the fum of the evidence
for the Plaintiff. Againft him, ivas produced a receipt to the Colledor, to the beft
of my remembrance in thefe words: "Received of Thomas Jcjhnfon, Jun'r, at this
and fome former payments, £144, current money, by James Maury." After the
lawyers on both fides had difplayed the force and iveight of the evidence, pro and
con to their Honors, the jurors, and one of thofe who appeared for the Defendants
had obferved to them that they muft find, (or if thay must find, I am not fure which,
but think the former) for the Plaintiff, but need not find more than one farthing;
they went out, and, according to inftrudion (though whether according to evidence
or not, I leave you to judge), in lefs than five minutes brought in a verdid for the
Plaintiff, one penny damages. M"" Lyons urged, as the verdid was contrary to
evidence, the jury ought to be fent out again. But no notice was taken of it, and
the verdid admitted without hefitation by the Bench. He then moved to have the
evidence of Meffrs. Gift and McDowell recorded, with as little effed. His next
motion, ivhich was for a new trial, fhared the fame fate. He then moved it might
be admitted to record, " that he had made a motion for a new trial, becaufe he con-
fidered the verdid contrary to evidence, and that the motion had been rejeded;"
which, after much altercation, was agreed to. He laftly moved for an appeal, which,
too, was granted. This, fir, as well as I can remember, is a juft and impartial
narrative of the moft material occurences in the trial of that caufe. One occurreyice
more, tho' not effential to the caufe, I can't help mentioning, as a ftriking inftance
of the loyalty, tmpartiality and attachment of the Bench to the Church of England
in particular, and to religion at large. M'' Henry, mentioned above (who had been
called in by the Defendants, as we fufpeded, to do what I fome time ago told you of),
after Jl/'' Lyons luid opened the caufe, rofe and harrangued the jury for near an
hour. This harangue turned upon points as much out of his own depths, and
that of the jury, as they were foreign from the purpofe; which it would be imperti-
nent to mention here. However, after he Imd difcuffed thofe points, he labored to
prove " that the ad of iyj8 had every charaderiftic of a good law; that it was a law
of general utility, and could not, confiftently with what he called the original com
pad betiveen King and people, ftipulating protedion on the one hand and obedience
on the other be anmdled. " Hence, he inferred, " that a King, by difallowmg Ads
of this falutary nature, from being the father of his people, degenerated into a Tyrant
and forfeits all right to his fubjeds' obedience. " He further urged, " that the only
ufe of an Eftablifhed Church and Clergy in fociety, is to enforce obedience to civil
fandions, and that the obfervance of thofe which are called duties of imperfed obli-
gation; that, when a Clergy ceafes to anfwer thefe ends, the community have no
further need of their miniftry, and may juftly ftrip them of their appointments;
that the Clergy of Virginia, in this particular inftance of their refufing to acquiefce
in the law in queftion, had been fo far from anfwering, that they had moft notori-
oufly counteraded, thofe great ends of their inftitution; that, therefore, inftead of
ufeful members of the ftate, they ought to be confidered as enemies of the community ;
and that, in the cafe now before litem, M^ Maury, inftead of countenance, and pro-
tedion and damages, very juftly deferved to be punifhed with fignal feverity. " And
then he perorates to the following purpofe, " that excepting they (the jury) were
difpofed to rivet the chains of bondage on their own necks, he hoped they xvoidd not let
flip the opportunity which now offered, of making such an example of him as might,
hereafter, be a warning to himfelf and his brethren, not to have the temerity, for the
future, to difpute the validity of fuch laws, authenticated by the only authority,
which
\
[ liii ]
which, in his conception, could give force to laws for the government of this Colony,
the authority of a legal reprefentative of a Council, and of a kind and benevolent
and patriot Governor." You'll obferve I do not pretend to remember his words,
but take this to have been the fum and fubftance of this of his labored oration. When
he came to that part of it where he undertook to affert, " that a King, by annidling
or difallowing ads of fo falutary a nature, from being the Father of his people
degenerated into a Tyrant, and forfeits all right to his fubjeds' obedience;" the
more fober part of the audience were ftrud with horror. M Lyons'' called out aloud,
and with an hone ft warmth, to the Bench, " That the gentleman had fpoken treafon, "
and expreffed his aftonifhment " that their worfhip could hear it without emotion,
or any mark of diffatiffadion." At the fame inftant, too, among ft fome gentle-
men in the croivd behind me, was a confufed murmur of Treafon, Treafon! Yet
M' Henry went on in the fame treafonable and licentious ftrain, without interrup-
tion from the Bench, nay, even without receiving the leaft exterior notice of their
difapprobation. One of the jury, too, was fo highly plea fed with thefe dodrines,
that, as I was afterwards told, he every now and then gave the traitorous declaimer
a nod of approbation. After the Court was adjourned, he apologifed to me for
what he had faid, alleging that his fole view in engaging in the caufe, and in faying
what he had, was to render him f elf popular. You fee, then, it is fo clear a point
in this per fan's opinion, that the ready road to popularity here, is, to trample under
foot the interefts of religion, the rights of the church, and the perogative of the crown.
If this be not pleading for the " affumption of a power to bind the King's hands, "
if it be afferting " fuch fupremacy in provincial Legiflatures" as is inconfiftent
with the dignity of the Church of England, and manifeftly tends to draw the people
of thefe plantations from their allegiance to the King, tell me, my dear fir, what is
fo, if you can. M^ Cootes, merchant on James River, after Court, faid "he
would have given a confidcrable fum out of his own pocket, rather than his friend
Patrick fhoitld have been guilty of a crime, but little, if any thing inferior to that
which brought Simon Lord Lovatt to the block;" and juftly obferved that he
exceeded the moft feditious and inflammatory harangues of the Tribunes of old
Rome.
My warmeft wifhes and prayers ever attend you. And be fides thefe there is
little elfe in the power of, my dear Camm,
Your affedionate,
J. MAURY
The verdidl of the Jury in this Cafe, fettled the queftion for once and for all, as
little effort was made thereafter by the clergy to fecure the rights accorded them under
the A(5t of 1698. They did appeal to the Governor upon the groimd of oppreffion,
and while he confented to grant the appeal the matter was never brought promi-
nently before the people again. This cafe, which attained fuch prominence, like wife
awarded to Patrick Henry, the pofition of the leading counfel in the Colony, which is
attefted by the fadt of the exiftence of his fee books now depofited at Red Hill, in Char-
lotte County, where this great lawyer and orator is buried. Thefe books fhow beyond
a doubt that M' Henry had a large pradtice prior to 1763, but after figuring fo promi-
nently in the "Parson's Cause," his labors increafed to fuch an extent that he was com-
pelled to decline to be affociated with many cafes which he would, under other circum-
ftances have become identified.
Following the treaty of Paris, in 1763, great joy was manifeft throughout the Colo-
nies. By this treaty the poffeffions of Great Britain had increafed to fuch an extent as to
advance her to the higheft place among the nations of the earth. In no part of the Bri-
tifh poffeffions was joy more genuine than in America, as in the language of James Otis,
"We in America have abundant reafon to rejoice. The heathen are driven out and the
Canadians conquered. Britifh dominion now extends from £ea to fea and from the
great rivers to the end of the earth ; liberty and knowledge, civil and religious, will co-
extend
[liv]
extend, improve and preferve, to the lateft pofterity. What God in his providence has
tinited let no man dare to pull afunder. "
Bright as the future feemed to be for America at this time, the Colonies were deftined
to a reftridlion of the liberty extended to them by the various charters under which they
were created. The vaft expenfes attending the Colonial wars, determined Great Britain
to renew the tax on fugar and molaffes imported into the Colonies. The rigid enforce-
ment of the Navigation Adts was alio decided upon and all officers, civil and military,
received inftrudtions to put an end to illicit traffic and to fubmit all queftions of this
kind to the Courts of Admiralty rather than to the American juries. In order to ftimu-
late adlion, officers making feizures were given emoluments in cafes of forfeiture, which
at once af fumed the form of an oppreffion in the higheft degree, as there was no appeal
fave that granted by the Privy Coimcil in England. The decifion of the Courts of Admi-
ralty were, to all intents and purpofes final, as the cofts attending fuch an a(5tion made
it impoffible to carry a cafe to the higher court. Information was alfo conveyed to the
Colonies by their Agents, that an attempt had been made to alter the Colonial charters
£o as to deftroy the influence of the various affemblies. It was aKo the intent of the
Crown to create a ftanding army to be ftationed in America, and to impofe a tax on the
Colonies to fupport it. Such was the outlook at the clofe of 1 763, and the general feeling
pervaded the Colonies that almoft anything detrimental to their interefts could be
expected.
George Grenville, who had fucceeded to the miniftry, realizing that nothing could be
accomplifhed by changing the charters of the refpedtive Colonies, informed all Colonial
agents that this plan would be abandoned. He was fully determined, however, to
impofe a stamp tax, unlefs the Colonies could fuggeft an equally efficient method of
taxation. No adtion of this kind being poffible in America in fo fhort a time, it was de-
termined to pafs a fet of declaratory refolves, which were adopted on March 9*, 1764.
Thefe Refolutions were agreed to on the 17*'' of the fame month, and heartily approved
by the King, who maintained that the regulations which had been eftablifhed were wife,
and that it was right and proper to augment the public revenues, and to " unite the in-
terefts of the moft diftant poffef lions of the Crown, and to encourage and fecure their
commerce with Great Britain. "
Thefe refolves greatly aroufed America and public meetings were held in every
Colony. The opponents of the tax were called "Whigs" and "Patriots, " while thofe in
favor of it were termed "Loyalifts," "Tories" and "Friends of Government." Protefts
from nearly all the Colonies againft the propofed tax were forwarded to Great Britain,
and in reply, the miniftry declared that they had only afked the Colonies to indicate an
acceptable tax, and did not defire them to fubmit reafons why they fhoukl not defray
a part of the expenfes of the Home Government. The Colonies were alfo advifed that
the tax had been determined upon, and that the various protefts had had the effedt of
promoting Icgiflation of this kind.
Oppofition being determined upon in Virginia, an addrefs to his Majefty, Memo-
rials to the Lords and Commons and to the Agent of this Colony were adopted on Tuefday
the 18"^ of December, 1764. In thefe Memorials the Burgeffes maintained the loyalty of
Virginia, but fet forth that freedom could not exift where taxes were laid upon a
people without their confent or by their legal reprefentatives. It was aKo thought fuch
an adtion would create an additional burden upon the Colony as well as being deftruc-
tive to the interefts of Great Britain.
TO THE KING'S MOST EXCELLENT MAJESTY.
MOST GRACIOUS SOVEREIGN.
We your Majefty's dutiful and loyal Subjedts, the Council and Burgeffes
of your ancient Colony and Dominion of Virginia, now met in General Affembly,
beg Leave to affure your Majefty of our firm and inviolable Attachment to yoiu-
facred Perfon and Government ; and as your faithful Subjedts here have at all
Times
[Iv]
Times been zealous to demonftrate this Truth, by a ready CompKance with the
Royal Requifitions during the late War, by which a heavy and oppreffive Debt
of near Half a Million hath been incurred, fo at this Time they implore Permif-
fion to approach the Throne with humble Confidence, and to intreat that your
Majefty will be graciously pleafed to protecft your People of this Colony in the
Enjoyment of their ancient and ineftimable Right of being governed by fuch
Laws refpedting their internal Polity and Taxation as are derived from their own
Confent, with the Approbation of their Sovereign or his Subftitute : A Right
which as Men, and Defcendants of Britons, they have ever quietly poffeffed fmce
firft by Royal Permiffion and Encourgagement they left the Mother Kingdom
to extend its Commerce and Dominion.
Your ]Majefty's dutiful Subjects of Virginia moft humbly and unanimoufly
hope that this invaluable Birthright, defcended to them from their Anceftors,
and in which they have been prote(5led by your Royal Predeceffors, will not be
fuffered to receive an Injury- under the Reign of your Sacred Majefty, already
fo illuftrioufly diftinguifhed by your gracious Attention to the Liberties of the
People.
That your Majefty may long live to make Nations happy is the ardent Pray-
er of your faithful Subjedls, the Council and Burgeffes of Virginia.
TO THE RIGHT HONOURABLE THE LORDS SPIRITUAL AND
TEMPORAL IN PARLIAMENT ASSEMBLED:
The Memorial of the Council and Burgeffes of Virginia, now met in General
Affembly,
Humbly reprefents.
That your Memorialifts hope on AppHcation to your Lordfhips, the fixed
and hereditary Guardians of Britifh Liberty, will not be thought improper at
this Time, when Meafures are propofed fubverlive, as they conceive, of that
Freedom which all Men, efpecailly thofe who derive their Conftitution from
Britain, have a Right to enjoy; and they flatter themfelves that your Lordfhips
will not look upon them as Obje(5ts fo unworthy your Attention as to regard any
Impropriety in the Form or Manner of their AppHcation, for yoiu- Lordfhips
Protection of their juft and imdoubted Rights as Britons.
It cannot be Prefumption in your Memorialifts to call themfelves by this
diftinguifhed Name, fince they are defcended from Britons who left their native
Country to extend its Territory and Dominion, and who happily for Britain,
and as your MemoriaHfts once thought for themfelves too, effected this Pxirpofe.
As our Anceftors brought with them every Right and Privilege they could with
Jtiftice claim in their Mother Kingdom, their Defcendants may conclude they
cannot be deprived of thofe Rights without Injuftice.
Your Memorialifts conceive it to be a fundamental Principle of the Britifh
Conftitution, without which Freedom can no Where exift, that the People are
not fubjedl to any Taxes but fuch as are laid on them by their own Confent, or
by thofe who are legally appointed to reprefent them : Property muf t become
too precarious for the Genius of a free People which can be taken from them at
the Will of others, who cannot know what Taxes fuch People can bear, or the
ealieft Mode of railing them ; and who are not under that Reftraint, which is
the greateft Security againft a burthenfome Taxation, when the Reprefentatives
themfelves muft be affefted by every Tax impofed on the People.
Your Memorialifts are therefore led into an humble Confidence that your
Lordfhips will not think any Reafon fufficient to fupport fuch a Power in the
Britifh Parliament, where the Colonies cannot be reprefented; a Power never
before conftitutionally affumed, and which if they have a Right to exercife on
any Occafion muft neceffarily eftablifh this melancholy Truth, that the Inhabi-
tants of the Colonies are the Slaves of Britons, from whom they are defcended,
and
[Ivi]
and from whom they might expe($l every Indulgence that the Obligations of
Intereft and Affedtion can entitle them to.
Your Memorialifts have been invefted with the Right of taxing their own
People from the firf t Ef tablifhment of a regular Government in the Colony, and
Requifitions have been conftantly made to them by their Sovereigns on all
Occafions when the Affiftance of the Colony was thought neceffary to preferve
the Britifh Intereft in America; from whence they muft conclude they cannot
now be deprived of a Right thev have fo long enjoyed, and which they have
never forfeited.
The Expenfes incurred during the laf t War, in Compliance with the Demands
on this Colony by our late and prefent moft gracious Sovereigns, have involved
us in a Debt of near Half a Million ; a Debt not likely to decreafe under the con-
tinued Expenfe we are at in providing for the Security of the People againft the
Incurfions of our favage Neighbors, at a Time when the low ftate of our Staple
Commodity, the total Want of Specie, and the late Reftri(5tions upon the Trade
of the Colonies, render the Circumftances of the People extremely diftreffful,
and which, if Taxes are accumulated upon them by the Britifh Parliament, will
make them truly deplorable.
Your Memorialifts cannot fuggeft to themfelves any Reafon why they
fhould not ftill be trufted with the Property of their People, with whofe Abil-
ities, and the leaft burthenfome Mode of taxing (with great Deference to the
fuperior Wifdom of Parliament) they muft be beft acquainted.
Your Memorialifts hope they fhall not be fufpedted of being adluated on
this Occafion by any Principles but thofe of the pureft Loyalty and Affedlion
as they always endeavoured by their Conduct to demonftrate that they con-
fider their Connexions with Great Britain, the Seat of Liberty, as their greateft
Happinefs.
The Duty they owe to themfelves and their Pofterity lays your Memorial-
ifts \mder the Neceffity of endeavouring to eftablifh their Conftitution upon its
proper Foundation ; and they do moft humbly pray your Lordfhips to take this
Subject into your Confideration with the Attention that is due to the Well being
of the Colonies, on which the Profperity of Great Britain does in a great Meafure
depend.
TO THE RIGHT HONOURABLE THE KNIGHTS, CITIZENS, AND
BURGESSES OF GREAT BRITAIN. IN PARLIAMENT ASSEMBLED:
The Remonf trance of the Council and Burgeffes of Virginia.
It appearing by the printed Votes of the Houfe of Commons of Great Bri-
tain in Parliament affembled that in a Committee of the whole Houfe, the ly***
Day of March laft, it was refolved that towards defending, protecting, and
fecuring the Britifh Colonies and Plantations in America, it may be proper to
charge certain Stamp Duties in the faid Colonies and Plantations ; and it being
apprehended that the fame Subjedt, which was then declined, may be refumed
and further purfued in a fucceeding Seffion, the Council and Burgeffes of Vir-
ginia, met in General Affembly, judge it their indifpenfable Duty, in a refpedt-
ful Manner, but with decent Firmnefs, to remonftrate againft fuch a Meafure,
that at leaft a Ceffion of thofe Rights, which in their Opinion muft be infringed
by that Procedure, may not be inferred from their Silence, at fo important a
Crifis.
They conceive it is effential to Britifh Liberty that Laws impofmg Taxes
on the People ought not to be made without the Confent of Reprefentatives cho-
fen by themfelves; who, at the fame Time that they are acquainted with the
Circimiftances of their Conftituents, fviftain a Proportion of the Burthen laid on
them. This Privilege, inherent in the Perfons who difcovered and fettled thefe
Regions, could not be renoimced or forfeited by their Removal hither, not as
Vagabonds
[ Ivii ]
Vagabonds or Fugitives, but licenfed and encouraged by their Prince and ani-
mated with a laudable Defire of enlarging the Britifh Dominion, and extending
its Commerce : On the contrary, it was fecured to them and their Defcendants,
with all other Rights and Immunities of Britifh Subjects, by a Royal Charter,
which hath been invariably recognifed and confirmed by his Majefty and his
Predeceffors in their Commiffions to the feveral Govemours, granting a Power,
and prefcribing a Form of Legiflation ; according to which, Laws for the Admin-
iftration of Juftice, and for the Welfare and good Government of the Colony,
have been hitherto ena(5led by the Govemour, Council, and General Affembly,
and to them ReqtuTitions and Applications for Supplies have been directed by
the Crown. As an Inftance of the Opinion which former Sovereigns entertained
of thefe Rights and Privileges, we beg Leave to refer to three Adts of the General
Affembly paffed in the 32<i Year of the Reign of King Charles II (one of which
is entitled An Adt for railing a Publick Revenue for the better Support of the
Government of his Majefty 's Colony of Virginia, impofmg feveral Duties for
that Purpofe) which they thought abfolutely neceffary, were prepared in Eng-
land, and fent over by their then Govemour, the Lord Culpeper, to be paffed by
the General Affembly, with a full Power to give the Royal Affent thereto ; and
which were accordingly paffed, after feveral Amendments were made to them
here : Thus tender was his Majefty of the Rights of his American Subjecfts ; and
the Remonftrants do not difcem by what Diftin(5lion they can be deprived of
that facred Birthright and moft valuable Inheritance by their Fellow Subjedls,
nor with what Propriety they can be taxed or affedled in their Eftates by the
Parliament, wherein they are not, and indeed cannot, conftitutionally be repre-
fented.
And if it were proper for the Parliament to impofe Taxes on the Colonies at
all, which the Remonftrants take Leave to think would be inconfiftent with the
fundamental Principles of the Conftitution, the Exercife of that Power at this
Time would be ruinous to Virginia, who exerted herfelf in the late War it is
feared beyond her Strength, infomuch that to redeem the Money granted for
that Exigence her People are taxed for feveral Years to come : This, with the
large Expenfes incurred for defending the Frontiers againft the reftlefs Indians,
who have infefted her as much iince the Peace as before, is fo grievous that an
Increafe of the Burthen will be intolerable ; efpecially as the People are very
greatly diftreffed already from the Scarcity of circulating Cafli amongft them,
and from the little Value of their Staple at the Britifh Markets.
And is it prefumed that adding to that Load which the Colony now labors
under will not be more oppreffive to her People than deftrudlive of the Intereft
of Great Britain : For the Plantation Trade, confined as it is to the Mother Coun-
try, hath been a principal Means of multiplying and enriching her Inhabitants ;
and, if not too much difcouraged, may prove an inexhauftible Source of Treas-
ure to the Nation. For Satiffa(5lion in this Point, let the prefent State of the
Britifh Fleets and Trade be compared with what they were before the Settle-
ment of the Colonies ; and let it be confidered that whilft Property in Land may
be acquired on very eafy Terms, in the vaft uncultivated Territory of North
America, the Colonifts will be moftly, if not wholly, employed in Agriculture ;
whereby the Exportation of their Commodities of Great Britain, and the Con-
fumption of their Manufactures fupplied from thence, will be daily increafmg.
But this moft defirable Connexion between Great Britain and her Colonies, fup-
ported by fuch a happy Intercourfe of reciprocal Benefits as is continually
advancing the Profperity of both, muft be interrupted, if the People of the lat-
ter, reduced to extreme Poverty, fhould be compelled to manufadlure thofe
Articles they have been hitherto fumifhed with from the former.
From thefe Confiderations, it is hoped that the Honourable Houfe of Com-
mons will not profecute a Meafure which thofe who may fuffer under it cannot
but
[ Iviii ]
but look upon as fitter for Exiles driven from their native Coiontry after ignomi-
nioufly forfeiting her Favours and Protection, than for the Profperity of Britons
who have at all Times been forward to demonftrate all due Reverence to the
Mother Kingdom, and are fo inftrumental in promoting her Glory and Felicity ;
and that Britifh Patriots will never conf ent to the Exercif e of anti-conf titutional
Power, which even in this remote Corner may be dangerous in its Example to
the interiour Parts of the Britifh Empire, and will certainly be detrimental to its
Commerce.
Six days after thefe Memorials had been adopted, Gk)vemor Fauquier advifed the
Board of Trade of the adtion of the Affembly, and ftated that while he had not feen the
Memorials in queftion, he was fatiffied they would not be acceptable to Great Britain:
W'"'burg' Dec' 24"' 1764.
My Lords,
In my letter to your Right Hon'''' Board of the 16"' Ult." I did myfelf the honor
to iranfmit to your Lordfhips my fpeech at the opening of the Seffion, and the
Addreffes of the Council and Burgeffes. I have now adjourned them to the i" day
of May next. The approach of the holidays and the alnwft neceffary prefence of
the Burgeffes at home to look after their own plantations, made a recefs from bufi-
nefs expedient, and a prorogation would have defeated all the progrefs they have
made in the bufinefs before them, particularly the Tobacco Law, the confideration
of which had taken them up a fortnight in the Committee of the whole Houfe.
I am informed they have jointly ordered an addrefs to His Majefty and a
memorial to the Houfe of Peers, with another to the Houfe of Commons, to their
Agent, to be by him promptly recommended to be prefented as direded. In the refo-
lutions of the Houfe of Burgeffes the terms are very warm and indecent as Your
Lordfhips will obferve in their Journals; but I have been told by fome Gentlemen of
the Committee appointed to draw them up, that their whole ftudy has been to endeav-
our to mollify them, and they have reafon to hope there is nothing now in them
which will give the leaft offence. I have not yet feen them, but when they are fairly
tranfcribed and the difpatches made up for their Agent, I apprehend they will be
communicated to me, as all other difpatches are. The Subjed matter of them is
praying to be permitted to tax themfelves. I thought it my duty to give your Lord-
fhips the moft early intelligence of this matter in my power. . . .
I am with great refped
My Lords
Your Lordfhips moft obedient and devoted Servant
FRAN: FAUQUIER.
Without confideration of the various Memorials of the Colonies protefting againft
taxation, Grenville offered fifty-five refolutions, embracing the Stamp A6t details, on
February t^^ 1765. In his addrefs, prior to delivering the refolutions in queftion, he main-
tained that the Colonies being aft'orded protedtion by Parliament, that Parliament had
the right to lay a revenue upon them ; that fuch proteftion meant a ftanding army, and
that in order to maintain this body of men it was neceffary to levy taxes ; that the debt
of Great Britain amounted to one hundred and forty millions fterling, while the Colonial
debt did not exceed eight hundred thoufand pounds, and that the Colonies paid but
feventy-five thoufand pounds annually for the fupport of their refpedlive governments
He likewife declared that the charters interpofed no obftacle in the form of a parliamen-
tary tax, and that the Colonies were conftrudtively reprefented in Parliament. A
lengthy debate in the interefts of the Colonies refulted, but without avail, as the adt was
paffed on February 2^^, 1765. At the time of this difcuffion an effort was made to read
the protefts of the various Colonies, but this privilege was denied, and on March S"' fol-
lowing, the Houfe of Lords, without a fingle diffenting voice agreed to the adt in queftion.
On March 22"'^ royal affent was fecured, but it was determined that the law fhould not
become operative until November i " following :
Whereas
I Bancroft Tranfcripts— Library of Congrefs.
[lix]
STAMP ACT.
Whereas, by an adl made in the laft feffion of Parliament, feveral duties were
granted, continued, and appropriated towards defraying the expenfes of defend-
ing, prote(5ling, and fecuring the Britifh colonies and plantations in America;
and whereas it is firft neceffary that provifion be made for raifmg a further rev-
enue within your Majefty's dominions in America, towards defraying the faid
expenfes ; we, your Majefty's moft dutiful and loyal fubjedts, the Commons of
Great Britain, in Parliament affembled, have therefore refolved to give and
grant unto your Majefty the feveral rights and duties hereinafter mentioned ;
and do moft humbly befeech your Majefty that it may be enacted. And be it
enadted by the King's moft excellent Majefty, by and with the advice and con-
tent of the lords fpiritual and temporal, and commons, in this prefent Parlia-
ment affembled, and by the authority of the fame, that from and after the firft
day of November, one thovifand feven hundred and fixty -five, there fhall be
raifed, levies, coUedted, and paid unto his Majefty, his heirs and fucceffors,
throughout the colonies and plantations in America, which now are, or hereafter
maybe, under the dominion of his Majefty, his heirs and fucceffors:
1. For every fkin of piece of vellum or parchment, or fheet or piece of
paper, on which fhall be engroffed written, or printed any declaration, plea,
replication, rejoinder, demurrer, or other pleading, or any copy thereof in any
court of law within the Britifh colonies and plantations in America, a ftamp
duty of three pence.
2. For every fkin or piece of vellum or parchment, or fheet or piece of
paper, on which fhall he engroffed, written, or printed any fpecial bail, and
appearance upon fuch bail in any fuch court, a ftamp duty of two fliillings.
3. For every fkin or piece of vellum or parchment, or fheet or piece of
paper, on which may be engroffed, written, or printed any petition, bill, or
anfwer, claim, plea, replication, rejoinder, demurrer, or other pleading, in any
court of chancery or equity within the faid colonies and plantations, a ftamp adt
of one fhilling and fix pence.
4. For every fkin or piece of vellum or parchment, or fheet or piece of
paper, on which fhall be engroffed, written, or printed any copy of any petition,
bill anfwer, claim, plea, replication, rejoiner, demurrer, or other pleading, in
any fuch court, a ftamp duty of three pence.
5. For every fkin or piece of vellum or parchment, or fheet or piece of
paper, on which fhall be engroffed, written, or printed any monition, libel,
anfwer, allegation, inventory, renunciation, in ecclefiaftical matters, in any
ocourt f probate, court of the ordinary, or other court exercifmg ecclefiaftical
jurifdiction within the faid colonies and plantations, a ftamp duty of one
fhilling.
6. For every fkin or piece of vellum or parchment, or fheet or piece of
paper, on which fhall be engroffed, written, or printed any copy of any will
(other than the probate thereof), monition, libel, anfwer, allegation, inventory,
or renunciation, in ecclefiaftical matters in any fuch court a ftamp duty of lix
pence.
7. For every fkin or piece of vellum or parchment, or fheet or piece of
paper, on which fhall be engroffed, written, or printed any donation, prefenta-
tion, collation or inftitution, of or to any benefice, or any writ or inftrument for
the like purpofe, or any regifter, entry, teftimonial, or certificate of any degree
taken in any univerfity, academy, college, or feminary of learning, within the
faid colonies and plantations, a ftamp duty of two pounds.
8. For every fkin or piece of vellum or parchment, or fheet or piece of
paper on, which fhall be engroffed, written, or printed any monition, libel, claim,
anfwer, allegation, information, letter of requeft, execution , renimciation,
inventory
[Ix]
inventory, or other pleading, in any admiralty court within the faid colonies
and plantations, a ftamp duty of one fhilling.
9. For every fkin or piece of vellum or parchment, or fheet or piece of
paper, on which any copy of any fuch monition, libel, claim, anfwer, allegation,
information, letter of requeft, execution, renimciation, inventory, or other
pleading fhall be engroffed, written, or printed, a ftamp duty of fix pence.
10. For every fkin or price of vellum or parchment, or fheet or piece of
paper, on which fhall be engroffed, written or printed any appeal, writ of error,
writ dower, ad quo damnum, certiorari, ftatute merchant, ftatute ftaple, attef-
tation, or certificate, by any officer, or exemplification of any record or proceed-
ing, in any court whatfoever, within the faid colonies and plantations (except
appeals, writs of error, certiorari, atteftations, certificates, and exemplications,
tor, or relating to the removal of any proceedings from before a fmgle juftice of
the peace) a ftamp duty of ten f hillings.
11. For every fkin or piece of vellum or parchment, or fheet or piece of
paper, on which fl-iall be engroffed, written, or printed any writ of covenant
for levying fines, writ of entry for fuffering a common recovery or attachment
iffuing out of or returnable into any court within the faid colonies and planta-
tions, a ftamp duty of five fhillings.
12. For ever>^ fkin or piece of vellum or parchment, or fheet or piece of
paper, on which fliall be engroffed, written, or printed any judgment, decree, or
fentence, or difmiffion, or any record of nifi prius or poftea, in any court within
the faid colonies and plantations, a ftamp duty of four fhillings.
13. For every fkin or piece of vellum or parchment, or fheet of paper, on
which fhall be engroffed, written, or printed any affidavit, common bail, or
appearance, interrogatory, depofition, rule, order or warrant of any court, or
any dedimus poteftameut, capias subpoena, fummons, compulfory citation,
commiffion, recognizance, or any other proceeding therein whatfoever, or any
copy thereof, or of any record not hereinbefore charged, within the faid colonies
and plantations (except warrants relating to criminal matters, and proceedings
thereon, or relating thereto) , a ftamp duty of one fhilling
14. For every fkin or piece of vellum or parchment, or fheet or piece of
paper, on which fhall be engroffed, written, or printed any note or bill of lading,
which fhall be figned for any kind of goods wares or merchandife, to be exported
from, or any cocket or clearance granted within the faid colonies and plantation
a ftamp duty of four pence.
15. For every fkin or piece of vellum or parchment, or flieet or piece of
paper, on which fhall be engroffed, written, or printed letters of mart or com-
miffion for private fiiips-of-war, within the faid colonies and plantations, a
ftamp duty of twenty fhillings.
16. For every fkin or piece of vellum or parchment, or fheet or piece of
paper, on which fhall he engroffed, written, or printed any grant, appointment,
or admiffion of or to any public beneficial office or employment, for the fpace of
one year, or any leffer time, of or above twenty pounds per annum fterling
money, in falary, fees, and perquifites, within the faid colonies and plantations
except commiffions and appointments of officers of the army, navy, ordnance,
or miUtia, of judges, and of juftices of the peace), a ftamp duty of ten fhillings.
17. For every fkin or piece of vellum or parchment, or fheet or piece of
paper, on which any grant, of any liberty, privilege, or franchife, under the feal
or fign manual of any governor, proprietor, or public officer, alone or in confe-
jun(5tion with any other perfon or perfons, or with any coimcil, or any council
and affembly, or any exemplification of the fame, fhall be engroffed, written,
or printed within the faid colonies and plantations, a ftamp duty of fix pounds.
18. For every fkin or piece of vellum or parchment, or flieet or piece of
paper, on which fhall be engroffed, written, or printed any licenfe for retailing
fpirituous
[Ixi ]
fpirituous liquors, to be granted to any perfon who fhall take out the fame,
within the faid colonies and plantations, a ftamp duty of twenty fhillings.
19. For every fkin or piece of vellum or parchment, or fheet or piece of
paper, on which fhall be engroffed, written, or printed any Hcenfe for retailing
of wine, to be granted to any perfon who fhall not take out a licenfe for retail-
ing of fpirituous liquors, within the faid colonies and plantations, a ftamp duty
of four pounds.
20. For every fkin or piece of vellum or parchment, or fheet or piece of
paper, on which fhall be engroffed, written, or printed any licenfe for retailing
of fpirituous liquors, within the faid colonies and plantations, a ftamp duty of
three pounds.
21. For every fkin or piece of vellum or parchment, or fheet or piece of
paper, on which fhall be engroffed, written, or printed any probate of will, let-
ters of adminiftration, or of guardianfhip for any eftate above the value of
twenty pounds fterling money, within the Britifh colonies and plantations upon
the continent of America, the iflands belonging thereto, and the Bermuda and
Bahama iflands, a ftamp duty of five fhillings.
22. For every fkin or piece of vellum or parchment, or fheet or piece of
paper, on which fhall be engroffed, written, or printed any fuch probate, letters
of adminiftration or of guardianfhip, within all other parts of the Britifh domin-
in America, a ftamp duty of ten fhillings.
23. For every fkin or piece of vellum or parchment, or fheet or piece of
paper, on which fhall be engroffed, written, or printed any bond for fecuring
the payment of any fum of money, not exceeding the fum of ten pounds fterhng
money, within the Britifh colonies and plantations upon the continent of Amer-
ica, the iflands belonging thereto, and the Bermuda and Bahama iflands, a
ftamp duty of flx pence.
24. For every fkin or piece of vellum or parchment, or fheet or piece of
paper, on which fhall be engroffed, written or printed any bond for fecuring the
payment of any fum of money above ten pounds and not exceeding twenty
pounds fterling money, within fuch colonies, plantations, and iflands, a ftamp
duty of one fhilling.
25. For every fkin or piece of vellum or parchment, or fheet or piece of
paper, on which fhall be engroffed, written, or printed any bond for fecuring
the payment of any fum of money above twenty pounds and not exceeding forty
pound fterling money, within fuch colonies and plantations and iflands, a ftamp
duty of one fhilling and fix pence.
26. For every fkin or piece of vellum or parchment, or fheet or piece of
paper, on which fhall be engroffed, written or printed any order or warrant for
furveying or fetting out any quantities of land not exceeding 100 acres, iffued
by any governor, proprietor, or any public officer, alone or in conjunction with
any other perfon or perfons, or with any council, or any council or affembly,
27. For every fkin or piece of vellum or parchment, or fheet or piece of
paper, on which fhall be engroffed, written, or printed any fuch order or war-
rant for furveying or fetting out any quantity of land above 100 and not exceed-
ing 200 acres, within the faid colonies and plantations, a ftamp duty of one
fhilling.
28. For every fkin or piece of vellum or parchment , or fheet or piece of paper
on which fhall be engroffed, written or printed any fuch order or warrant for
furveying or fetting out any quantity of land above 200 and not exceeding 320
acres, and in proportion for every fuch order or warrant for furveying or fetting
out every other 320 acres, within the faid colonies and plantations, a ftamp
duty of one fhilling and fix pence.
29. For every fkin or piece of vellum or parchment, or fheet or piece of
paper, on which fhall be engroffed, written or printed any original grant or any
deed
[ Ixii ]
deed, mefne conveyance, or other inftrument whatfoever, by which any quanti-
ty of land not exceeding loo acres fhall be granted, conveyed, or affigned, with-
in the Britifh colonies and plantations upon the continent of America the iflands
belonging thereto, and the Bermuda and Bahama ifllands (except leafes for any
term not exceeding the term of twenty-one years) , a f tamp duty of one fhilling
and fix pence.
30. For every fkin or piece of vellum or parchment, or fheet or piece of
paper, on which fhall be engroffed, written, or printed any fuch original grant,
or any fuch deed, mefne, conveyance, or other inftrument whatfoever, by
which any quantity of land above 100 and not exceeding 200 acres fhall be
granted, conveyed, or affigned, within fuch colonies, plantations, and iflands,
a ftamp duty of two fhillings.
31. For every fkin or piece of vellum or parchment, or fheet or piece of
paper, on which fhall be engroffed, written, or printed any fuch original grant,
or any fuch deed, mefne, conveyance or other inftrument whatfoever, by which
any quantity of land above 200 and not exceeding 320 acres fhall be granted,
conveyed, or affigned, and in proportion for every fuch grant, deed, mefne, con-
veyance or other inftrument, granting, conveying, or affigning every other 320
acres, within fuch colonies, plantations, and iflands, a ftamp duty of two fhil-
lings and fix pence.
32. For every fkin or piece of vellum or parchment, or flieet or piece of
paper, on which fhall be engroffed, written, or printed any fuch original grant,
or any fuch deed, mefne conveyance, or other inftrument whatfoever, by which
any quantity of land not exceeding 100 acres fhall be granted, conveyed, or
affigned, within all other parts of the Britifh dominion in America, a ftamp duty
of three fhillings.
2,1,. For every fkin or piece of vellum or parchment, or fheet or piece of
paper on which fhall be engroffed, written, or printed any fuch original grant,
or any fuch deed, mefne conveyance, or other inftrument whatfoever, by which
any quantity of land above 100 and not exceeding 200 acres fhall be granted,
conveyed, or affigned within the fame parts of the faid domains, a ftamp duty
of four fliillings.
34. For every fkin or piece of vellum or parchment, or fheet or piece of
paper, on which fhall be engroffed, written, or printed any fuch original grant,
or any fuch deed, mefne conveyance, or other inftrument whatfoever, by which
any quantity of land above 200 and not exceeding 320 acres fhall be granted,
conveyed, or affigned, and in proportion for every fuch grant, deed, mefne, con-
veyance, or other inftrument, granting, conveying, or affigning every other 320
acres within the fame parts of the faid dominions, a stamp duty of five fhillings.
35. For every fkin or piece of vellum or parchment, or fheet or piece of
paper, on which fhall be engroffed, written, or printed any grant, appointment,
or admiffion of or to any beneficial office or employment, not hereinbefore
charged, above the value of twenty pounds per annum fterling money, in falary,
fees, and perquifites, or any examplification of the fame within the Britifh colo-
nies and plantations upon the continent of America, the iflands belonging
thereto, and the Bermuda and Bahama Iflands (except commiffions of the offi-
cers of the army, navy, ordnance, or militia, and of juftices of the peace), a
ftamp duty of four pounds.
36. For every fkin or piece of vellum or parchment, or fheet or piece of
paper, on which fliall be engroffed, written, or printed any fuch grant, appoint-
ment, or admiffion of or to any fuch public beneficial offlce or employment, or
any exemplification of the fame within all other parts of the Britifh dominions
in America, a ftamp duty of fix pounds.
37. For every^ fkin or piece of vellum or parchment or flieet or piece of
paper, on which fhall be engroffed, written, or printed any indenture, leafe con-
veyance
[ Ixiii ]
veyance, contradl, ftipulation, bill of fale, charter party, proteft, articles of
apprenticefhip or covenant (except for the hire of fervants not apprentices, and
aKo except fuch other matters as hereinbefore charged), within the Britifh col-
onies and plantations in America, a ftamp duty of two fhillings and fix pence.
38. For every fkin or piece of vellum or parchment, or fheet or piece of
paper, on which any warrant or order for auditing any public accounts, benefi-
cial warrant, order, grant, or certificate, imder any public feal, or under the
feal or fign manual of any governor, proprietor, or public officer, alone or in con-
junction with any perfon or perfons, or with any council, or any council and
affembly, not hereinbefore charged, or any paffport or letpafs, furrender of
office, or policy of affurance, which fhall be engroffed, written, or printed,
within the faid colonies and plantations (except warrants or orders for the fer-
vice of the army, navy, ordnance, or militia, and grants of offices under twenty
pounds per annum, in falary , fees, and perquifites) , a ftamp duty of five fhillings.
39. For every fkin or piece of vellum or parchment or fheet or piece of
paper, on which fhall be engroffed, written, or printed any notarial a6t, bond,
deed, letter of attorney, procuration, mortgage, releafe, or other obligatory
inftrument, not hereinbefore charged, within the faid colonies and plantations,
a ftamp duty of two fhillings.
40. For every fkin or piece of vellum or parchment, or fheet or piece of
paper, on which fhall be engroffed, written or printed any regifter, entry, or
enrolment of any grant, deed, or other inftrument whatfoever, hereinbefore
charged, within the faid colonies and plantations, a ftamp duty of three pence.
41. For every fkin or piece of vellum or parchment, or fheet or piece of
paper, on which fhall be engroffed, written, or printed grant regifter, entry, or
enrolment of any grant, deed, or other inftrument whatfoever, not hereinbefore
charged, within the faid colonies and plantations, a ftamp duty of two fhillings.
42. And for and upon every pack of playing cards, and all dice, which fhall
be fold or ufed within the faid colonies and plantations, the feveral ftamp duties
following (that is to fay) :
43. For every pack of cards, one fhilling.
44. For every pair of fuch dice, ten fhillings.
45 . And for and upon every paper called a pamphlet, and upon every newf-
paper containing public news or occurences, which fhall be printed, difperfed,
and made public, within any of the faid colonies and plantations, and for and
upon fuch advertifements as are hereinafter mentioned, the refpecftive duties
following (that is to fay) :
46. For every fuch pamphlet and paper, contained in a half fheet or any
leffer piece of paper, which fhall be fo printed, a ftamp duty of one half -penny
for every printed copy thereof.
47. For every fuch pamphlet and paper (being larger than half a fheet and
not exceeding one whole fheet) which fhall be printed, a ftamp duty of one penny
for every printed copy thereof.
48. For every fuch pamphlet and paper, being larger than one whole fheet
and not exceeding fix fheets in odlavo, or in a leffer page, or not exceeding twelve
fheets in quarto, or twenty fheets in folio, which fhall be fo printed, a duty after
the rate of one fhilling for every fheet of any kind of paper which fhall be con-
tained in one printed copy thereof.
49. For every advertifement to be contained in any gazette, newfpaper, or
other paper, or any pamphlet which fhall be fo printed, a duty of two fhilUngs.
50. For every almanac, or calendar, for any one particular year, or for any
time lefs than a year, which fhall be written or printed on one fide only of any
one fheet, fkin, or piece of paper, parchment, or vellum, within the faid colonies
and plantations, a ftamp duty of two pence.
5 1 . For every other almanac or calendar, for any one particular year, which
fhall
[ Ixiv ]
fhall be written or printed within the faid colonies and plantations, a ftamp
duty of four pence.
52. And for every almanac or calendar, written or printed in the faid col-
onies and plantations, to ferve for feveral years, duties to the fame amotint
refpedtively fhall be paid for every fuch year.
53. For every fkin or piece of vellum or parchment, or fheet or piece of
paper on which any inftrument, proceeding, or other matter or thing aforefaid
fhall be engroffed, written, or printed, within the faid colonies and plantations,
in any other than the Englifh language, a ftamp duty double the amount of the
refpedlive duties before chaged thereon.
54. And there fhall be alfo paid, in the faid colonies and plantations, duty
of fix pence for every twenty fhillings, in any fum not exceeding fifty pounds
fterling money, which fhall be given, paid, contradled, or agreed for with or in
relation to any clerk or apprentice, which fhall be put or placed to or with any
mafter or miftrefs, to learn any profeffion, trade, or employment. II. And
aKo a duty of one fhilling for every twenty fhillings, in any fum not exceeding
fifty pounds, which fhall be given, paid, contradled, or agreed for, with or in
relation to, any fuch clerk or apprentice.
55. Finally, the produce of all the aforementioned duties fliall be paid into
his Majefty's treafury, and there held in referv^e to be ufed from time to time by
the Parliament for the purpofe of defraying the expenfes neceffary for the
defence, prote(5lion, and fecurity of the faid colonies and plantations.
As this A(5t was not to take effedt \mti\ N ovemher i.'*- 1765, the time intervening
became memorable in the hiftory of the Colonies. In Virginia the people were prepared
to fubmit, but were no lefs defpondent upon reaching fuch a decifion. They decided to
be extremely frugal and to ufe as few articles of luxury of Englifh manufadture as was
poffible under the circumftances. The Burgeffes meeting on May 1^^ no attempt at
refiftance was offered nor was a further proteft even fuggefted. Burk defcribed the con-
dition of the Colonies when he enquired of the miniftry " what one charadteriftic of lib-
erty the Americans have, and what one brand of flavery are they free from, if they are
bound in their property and induftry by all reftraints you can imagine on commerce, and
at the fame time are made pack horfes for every tax you impofe, without the leaft fliare
in granting them. ' " Such was the feeling of Virginia, yet the Affembly, from whom
the people expedted fo much, had apparently determined to acquiefce without further
remonftrance againft the Adt. This condition of inadlivity, however, proved to be of
fhort duration, and ended abruptly in the famous refolutions againft the Stamp Adl
introduced by Patrick Henry on May 29*"^ 1765:
RESOLUTIONS AGAINST THE STAMP ACT:
Refolved, That the firft adventurers and fettlers of this his Majefty's colony
and dominion brought with them, and tranfmitted to their pofterity, and all
other his Majefty's fubjedls fmce inhabiting in this his Majefty's faid colony, all
the privileges, franchifes, and immunities that have at any time been held,
enjoyed, and poffeffed by the people of Great Britain.
Refolved, That by two royal charters, granted by King James the Firft
the colonifts aforefaid are declared entitled to all the privileges, liberties,
and immunities of denizens and natural-bom fubjedls, to all intents and pur-
pofes as if they had been abiding and bom within the realm of England.
Refolved, That the taxation of the people by themfelves, or by perfons cho-
fen by themfelves to reprefent them, who con only know what taxes the people
are able to bear, and the eafieft mode of railing them, and are equally affedled
by fuch taxes themfelves, is the dif tinguifhing charadleriftick of Britifh free-
dom, and without which the ancient Conftitution cannot fubfift.
Refolved
' Speech on American Taxation
[ Ixv ]
Refolved, That his Majefty's leige people of this moft ancient colony have
uninterruptedly enjoyed the right of being thus governed by their own Affem-
bly in the article of their taxes and internal police, and that the fame hath never
been forfeited or in any other way given up, but hath been conftantly recog-
nized by the kings and people of Great Britain.
Refolved, therefore, That the General Affembly of this colony have the only
and fole excluiive right and power to lay taxes and impofitions upon the inhabi-
tants of this colony, and that ever}'- attempt to veft fuch power in any perfon or
perfons whatfoever, other then the General Affembly aforefaid, has a manifeft
tendency to deftroy Britifh as well as American freedom. '
The famous tranfcript of thefe Refolutions, (frontifpiece) while not in the hand-
writing of M"- Henry, is endorfed on the back of the paper by him as follows :
"The within refolutions paffed the Houfe of Burgeffes in May, 1765.
They formed the firft oppofition to the Stamp Adl and the fcheme of taxing
America by the Britifh Parliament. All the colonies, either through fear, or
want of opportunity to form an oppofition, or from influence of fome kind or
other, had remained filent. I had been for the firft time eledled a Burgefs a
few days before, was young, inexperienced, unacquainted with the forms of the
Houfe, and the members that compofed it. Finding the men of weight averfe
to oppofition, and the commencement of the tax at hand and that no perfon
was likely to ftep forth, I determined to venture, and alone, unadvifed, and
unaffifted, on a blank leaf of an old law-book wrote the within. Upon offering
them to the Houfe violent debates enfued. Many threats were uttered, and
much abufe caft on me by the party for fubmiffion. After a long and warm
conteft the refolutions paffed by a very fmall majority, perhaps of one or two
only. The alarm fpread throughout America with aftonifhing quicknefs, and
the Minifterial party were over\vhelmed. The great point of refiftance to Bri-
tifh taxation was univerfally eftablifhed in the colonies. This brought on the
war which finally feparated the two countries and gave inedpendence to ours.
Whether this will prove a bleffing or a curfe, will depend upon the ufe our peo-
people make of the bleffmgs which a gracious God hath bef towed on us. If they
are wife, they will be great and happy. If they are of a contrary character,
they will be miferable. Righteoufnefs alone can exalt them as a nation.
Reader! whoever thou art, remember this; and in thy fphere pra(5lice virtue
thyfelf, and encourage it in others.
P. HENRY.
Thomas Jeff erf on, in f peaking of the circumftances furrounding the paffage of
the refolutions againft the Stamp A(5t, gives an interefting account of the adlion:
" M'' Henry moved and M'' Johnfton feconded thefe refolutions fucceflively.
They were oppofed by Meffrs. Randolph, Bland, Pendleton, Wythe, and all the
old members, whofe influence in the Houfe had, till then, been unbroken. They
did it, not from any queftion of our rights, but on the ground that the fame
fentiments had been, at their preceding feffion, expreffed in a more conciliatory
form, to which the anfwers were not yet received. But torrents of fublime
eloquence from Henry, backed by the folid reafoning of Johnfton, prevailed.
The laft, however, and ftrongeft refolution was carried but by a fmgle vote.
The debate on it was moft bloody. I was then but a ftudent, and ftood at the
door of communication between the Houfe and the lobby (for as yet there was
no gallery) during the whole debate and vote ; and I will remember that, after
the members on the divifion were told and declared from the chair, Peyton Ran-
dolph (the Attorney-General) came out at the door where I was ftanding, and
faid
I Henry—Life of Henry, Vol. I, p. 80.
[ Ixvi ]
faid, as he entered the lobby: 'By God, I would have given 500 guineas for a
fingle vote'; for one would have divided the Houfe, and Robin fon, was in the
chair, who he knew would have negatived the refolution. M'' Henry left town
that evening, and the next morning, before the meeting of the Hoiife, Colonel
Peter Randolph, then of the Council, came to the Hall of Burgeffes, and fat at
the clerk's table till the Houfe-bell rang, thumbing over the volumes of journals,
to find a precedent for expunging a vote of the Houfe, which, he faid, had taken
place while he was a member or clerk of the Houfe, I do not recolledt which.
I ftood by him at the end of the table a confiderable part of the time, looking on,
as he turned over the leaves, but I do not recoUedt whether he found the era-
fure. In the meantime, fome of the timid members, who had voted for the
ftrongeft refolution, had become alarmed; and as foon as the Houfe met, a
motion was made and carried to expunge it from the journal. There being at
that day but one printer, and he entirely under the control of the Governor, I
do not know that the refolution ever appeared in print. I write this from mem-
ory, but the impreffion made on me at the time was fuch as to fix the fadts indel-
ibly in my mind. I fuppofe the original journal was among thofe deftroyed by
the Britifh, or its obliterated face might be appealed to. And here I will state, _
that Burk's ftatement of M"' Henry's confenting to withdraw two refolutions,
by way of compromife with his opponents, is entirely erroneous. "
Paul Carrington, a member of the Houfe of Burgeffes from Charlotte County, fuf tains
M'' Jefferfon's recollecT;ions of this event, and declares that the fifth refolution was erafed
from record. The recolle(5tions of thefe gentlemen on this fubjedl is fupported by the
Journal of the Burgeffes under date of May 29*'' 1765. It was in connection with the
paffage of this fifth refolution that M"" Henry gave utterance to his famous declaration :
" Tarquin and Ccefar had each his Brutus, Charles the Firft his Cromwell, and George the
Third " "Treafon!" fhouted the Speaker. "Treafon! Treafon!" echoed from
every part of the Houfe. Without faltering for an inftant, but rifing to a loftier attitude
and fixing on the Speaker an eye which feemed to fiafh fire, M"" Henry added, with the
moft thrilling emphafis "may profit by their example! If this be treafon, make
the moft of it. ■"
It was the original intention of Patrick Henry to have all feven of his refolves paffed
by the Burgeffes, but, when this was found to be impoffible, it was determined that they
fhould be printed for the benefit of the Colonies. They therefore appeared in the " New-
port Mercury'" under date of June 24"* and were later copied in the Bofton papers of
July I f' . Full text is herewith given :
Whereas, The Honorable Houfe of Commons, in England, have of late draw
into queftion how far the General Affembly of this colony hath power to enadt
laws for laying of taxes and impofing duties payable by the people of this, his
Majefty's moft ancient colony; for fettling and afcertaining the fame to all
future times, the Houfe of Burgeffes of this prefent General Affembly have come
to the following refolves.
Refolved, That the firft adventurers, fettlers of this his Majefty's colony and
dominion of Virginia, brought with them and tranfmitted to their pofterity,
and all other his Majefty's fubjedts, fince inhabiting in this his Majefty's colony,
all the privileges and immunities that have at any time been held, enjoyed, and
poffeffed by the people of Great Britain.
Refolved, That by two royal charters, granted by King James the Firft, he
colony aforefaid are declared and entitled to all privileges and immunities of
natural bom fubjedts, to all intents and purpofes as if they had been abiding,
and bom within the realm of England.
Refolved, That his Majefty's Hege people of this ancient colony have en-
joyed the right of being thus governed by their own Affembly in the article of
taxes
« Henry — Life of Henry, Vol. i. p. 86.
[ Ixvii ]
taxes and internal police, and that the fame have never been forfeited, or any
other way yielded up, but have been conftantly recognized by the King and
people of Great Britain.
Refolved, Therefore, that the General Affembly of this colony, together
with his Majefty or his fubftitutes, have, in their reprefentatives capacity, the
only exclufive right and power to lay taxes and impofts upon the inhabitants of
this colony ; and that every attempt to vef t fuch power in any other perfon or
perfons whatever than the General Affembly aforefaid, is illegal, unconftitu-
tional, and unjuft, and has a manifeft tendency to deftroy Britifh as well as
American liberty.
Refolved, That his Majefty's liege people, the inhabitants of this colony,
are not bound to yield obedience to any law or ordinance whatever, defigned to
impofe any taxation whatfoever upon them, other than the laws or ordinances
of the General Affembly aforefaid.
Refolved, That any perfon who fhall, by fpeaking or writing, affert or main-
tain that any perfon or perfons, other than the General Affembly of this colony,
have any right or power to impofe or lay any taxation on the people here, fhall
be deemed an enemy to his Majefty's colony.
The publication of thefe refolves caiifed an intenfe excitement. Coming from Vir-
ginia the oldeft of the Colonies, they were looked upon as raifmg a ftandard of refiftance
to the Adt in queftion. The government party pronotinced them as treafonable, but this
only ferved to bring them more prominently to the confideration of the people. Henry
was hailed as a leader, and fecret focieties pledged to refift the Adt by all lawful means,
were formed. They were known as " The Sons of Liberty, " and the firft fociety feems to
have originated in Bofton, early in July, 1765. That thofe who were oppofed to the new
Adt reprefented the people, was attefted by the fadl that, for the moft part, they were of
the laboring claffes. Thefe focieties determined to correfpond with the various Colonies
with the idea of uniting them and prefenting a determined oppofition to the Adt. It
was likewife decided to encourage home manufadtures and to difcontinue importations,
and, in fadl, put every obftacle poffible in the way of the enforcement of the law.
Governor Fauquier in his letter to the Board of Trade, under date of June $^^ 1765, ftates
that he enclofes four refolutions as adopted by the Affembly, but refrains from giving
the text of the fifth, which was accepted, but later ordered expunged from the record.
In the fame communication he aKo ftated that there were only thirty -nine members of
the Houfe of Burgeffes prefent and that the vote on the fifth refolution ftood 20 to 19:
Williamfburg June^ 5"' i'^6j.
My Lords,
On Saturday the i'' inftant I diffolved the Affembly after paffing all the Bills,
except one, which were ready for my affent. The four Refolutions which I have
now the honor to inclofe to your Lordfhips, will fhew Your Lordfhips the reafon of
my condud, and I hope juftify it. I will relate the whole proceeding to Your Lord-
fhips in as concife a manner as I am able.
On Wednefday the 2q"' of May, juft at the end of the Seffion when moft of the
members had left the town, there being but jp prefent out of 116 of which the Houfe
of Burgeffes now confifts, a motion was made to take into confideration the Stamp
Ad, a copy of which had crept into the Houfe, and in a Committee of the whole
Houfe five refolutions were propofed and agreed to, all by very fmall majorities.
On Thurfday the jo"' they were reported & agreed to by the Hotife, the numbers
being as before in the Committee; the greateft majority being 22 to ly; for the 5'^
Refolution, 20 to ig only. On Friday the ji^' there having happened a fmall alter-
ation in the Houfe there was an attempt to ftrike all the Refolutions off the Journals.
The 5"" which was thought the moft off en five was accordingly ftruck off, but it did
not fucceed as to the other four. I am informed the gentlemen had two more refolu-
tions in their pocket, but finding the difficulty they had in carrying the 5"" which
was
» Bancroft Tranfcripts — Library of Congrefs.
[ Ixviii ]
was by a fingle voice, and knowing them to be more virulent and inflammatory;
they did not produce them. The mo ft ftrenuous oppofers of this rafh heat were the
late Speaker, the King's Attorney and M^ Wythe; but they were overpowered by
the young hot and giddy members. In the courfe of the debates I have heard that
very indecent language was nfed by a M^ Henry a young lawyer who had not been
a month a Member of the Houfe; who carryed all the young Members with him;
fo tlu3t I hope I am authorifed in faying there is caufe at leaft to doubt whether this
would have been the fenfe of the Colony if more of their Reprefentatives had done
their duty by attending to the end of the Seffion.
The Bill I refufed was the Cattle Bill, a copy of which I fent to your right
Hon'''' Board on the adjournment in Dec/ to know whether His Majefty woidd
give me leave to pafs it; which was now prefented to me in form with the other Bills.
In this Scffwn an Ad was paffed to eftablifh a regular trade with the Cherokee
Indians, a tneafure more likely to keep them in good humor than atl the fteps we
had taken, of which your Lor df hips have a full ace* in my other letter by this con-
veyance. I have yet had no frefh news from Augufta relating to the perpetrators of
that horrid villany.
If M'' Robinfon fhould be again chofen Speaker in the next Affembly I hope
your Lordfhips will agree with me, that it will be good policy as well as ftrid Juf-
tice to a gentleman who has always affifted me in carrying on the King's fervice to
pafs the Ad to appoint him Treafurer, as I am coafldent the Burgeffes will always
appoint their own Speaker to that office. And as there is, with me, a great doubt
whether the eledions in the New Affembly to be called will fall on cool reafonable
men, and confeqnently a doubt whether M^ Robinfon will be re-chofen Speaker. I
fhould be glad to know your Lordfhips fentiments whether I fhould agree to the
appointment of any gentleman to be Treafurer who fhall be chofen Speaker, whether
I fhould refufe all indifcriminately or fhew this fovor to M^ Robinfon particularly,
who has deferved fo well.
I am with the greateft regard
My Lords
Your Lordfhips mo ft obed.'
and devoted Serv.'
FRAN. FAUQUIER
The Adl being fcheduled to take efifedl November i'*, 1765, everybody awaited the
arrival of the Stamps for the ufe of the colony, and rumors were everywhere circulated
to the eflfecft that they would be feized and deftroyed. That fuch rumors were well
foimded, is fhown by the letter of Governor Fauquier to the Board of Trade, -under date of
December y^ 1765. In this communication the Governor calls attention to the arrival
of Colonel Mercer, cuftodian of the stamps, and gives a very thorough and interefting
account of what tranfpired at that time :
W^^burgh' Nov.' j'' 176^.
My Lords,
The prefent unhappy ftaie of this Colony, will, to my great concern, oblige me
to trouble Your Lordfhips with a long and very difagreeable letter. We were for
fome time in almoft daily expedations of the arrival of Colonel Mercer with the
Stamps for the ufe of this Colony, and rumours were induftrioufly thrown out that
at the time of the General Court parties would come down from moft parts of the
country to feize on and deftroy all Stamped Papers. At thofe Courts perfons
engaged in bufinefs of any kind conftantly attend as well as thofe who have fuits
depending before the Court; it being the time when all accompts of tranfadions of
moment are fettled, payments made and bills of exchange on Great Britain are
drawn; fo that there is always a vaft concourfe of people then in town. Thefe
rumours were little regarded or credited.
The fir ft difagreeable thing that happened was the application to me, in Coun-
cil
' Bancroft Tranfcripts — Library of Congrefs.
[ Ixix ]
cil, front two Counties, by Memorials or Petitions that I would order new Comniif-
fions to be made out for their refpedive Counties, as the prefent Juftices were deter-
mined not to ad after the day the Ad direding Stamped Papers to be ufed in the
proceffes of their Courts, took place. Thefe were ordered to lie on the Table. In
order for your Lordfhips to judge of the propriety of that condud in the Council, it
•will be neceffary to obferve to you, that in few Counties there are gentlemen enough
properly educated and qualified, to execute that truft. Therefore if any notice had
been taken of thefe papers, the prefent fet of Juftices muft have been removed; the
confequence of which would have been either that the Courts muft have been filled
with a meaner fort of people or there could have been no Courts at all; the laft of
which was to be expeded, for if the fir ft gentlemen of the Counties refufed to ad, it
would have become a fafhion for the others to follow their examples; indeed they
would hardly have dared to have done otherwife. And if thefe gentlemen had been
removed, without a proper fubmiffion they could never have been reinftated: which
fubmiffion was not to be expeded, and a general refolution was taken not to iffue
any new commiffions of the Peace till affairs were better fettled and peace fhould
take place of diforder and confuflon; as we had the greateft reafon to believe that
many gentlemen who are qualified under the Commiffions now fubfifting, would
take the advantage of new Commiffions not to qualify. In which cafe the Benches
would not be filled and the inferior courts of Jufiice ftop'd. To remedy thefe evils
and to prevent this dreadful calamity from falling on the country as much as lay in
our power, we took the meafures above related.
Very unluckily, Colonel Mercer arrived at the time this town was the fulleft of
Strangers. On Wednefday the jo'^ Odlober he came up to town. I then thought
proper to go to the Coffee houfe (where I occafionally fometimes go) which is fituated
in that part of the town which is caWd the Exchange, tho' an open ftreet where all
money bufinefs is tranfaded. My particular reafon for going then was that I
might be an eye witnefs of what did really pafs, and not receive it by relation from
others. The mercantile people were all affembled as ufual. The firft word I heard
was "One and all" upon which, as at a word agreed on before between themf elves,
they all quitted the place to find Colonel Mercer at his father's lodgings where it was
known he was. This conconrfe of people I fhould call a mob, did I not know that
it was chiefly if not altogether compofed of gentlemen of property in the Colony,
fome of them at the head of their refpedive Counties, and the merchants of the coun-
try whether Englifh, Scotch or Virginian, for few abfented themfelves. They met
Colonel Mercer on the way, juft at the Capitol: there they ftop'd and demanded of
him an anfwer whether he would refign or ad in this office as Diftributor of the
Stamps. He faid it was an affair of great moment to him, he muft confult his
friends, and promifed to give them an anfwer at lo o'clock on Friday morning at
that place. This did not fatiffy them, and they followed him to the Coffee houfe, in
the porch of which I had feated myfelf with many of the Council and the Speaker,
who had pofted himfelf between the crowd and myfelf. We all received him with
the greateft marks of welcome; with which, tf one may be allowed to judge by their
countenances, they were not well pleafed, tho' they remained quiet and were filent.
Now and then a voice was heard from the rcowd, that Friday was too late; the Ad
would take place, they would have an anfwer tomorrow. Several meffages were
brought to M"' Mercer by the leading men of the crowd, to whom he conftantly an-
fwered he had already given an anfwer and he would have no other extorted from
him. After fome little time a cry was heard, "let iis rufh in." Upon this we
that were at the top of the fteps, knowing the advantage our fituation gave us to repell
thofe who fhould attempt to mount them, advanced to the edge of the Steps, of which
number I was one. I immediately heard a cry, "See the Governor, take care of
him." Thofe who before were pufhing up the fteps, immediately fell back, and
left a fmall fpace between me and them. If your Lordfhips will not accufe me of
vanity I would fay that I believe this to be partly owing to the refped they bore to my
charader
[Ixx]
charader and partly to the love they bore to my per f on. After much entreaty of
fome of his friends, M^ Mercer was, againft his own inclination, prevailed upon to
promt fe them an anfwer at the Capitol the next evening at five. The crowd did not
yet difperfe; it was growing dark, and I did not think it fafe to have M'' Mercer
behind me, fo I again advanced to the edge of the fteps and faid aloud I believed no
man there would do me any hurt, and turned to M' Mercer & told him if he would
walk with me through the people I believed I could condud him fafe to my houfe;
and we accordingly walked fide by fide through the thickeft of the people, who did
not moleft us, tho' there ivas fome little murmurs. By me thus taking him under
my protection, I believe I faved him from being infulted at lea ft. When we got
home we liad much difcourfe on the fubjed. He afked me what he fhotdd do; in
return I afked him whether he was afraid for his life, if he was, it was too tender a
point for me to advife him; if not, his honor and intereft both demanded he fhould
hold the Office; and if that fhould be his refolution lie muft not regard the reafon-
ings of his father and brother, two lawyers attending the Court who were both
frightened out of their fenfes for him. He left me that night in a ftate of uncertainty
what part he fhould ad.
Accordingly M'' Mercer appeared at the Capitol at 5, as he had promifed.
Tlie number of people affembled there was much increafed, by meffengers having
been fent into the neighborhood for that purpofe. Colonel Mercer then read to
them the anfzver which is printed in the Supplement of the Gazette, of which I
enclofe your Lordfhips a copy, to which I beg leave to refer.
On Friday the firft Inftant the Judges of the General Court met according to
their adjournment as ufnal. Proclamation was made and the lawyers not appear-
ing at the Bar to do any bufinefs, except the King's Attorney who was at his place
at the table within the Bar; I waited fome time and then ordered proclamation to be
made again, once in the Cryer's place, and once at the door; and upon no fuitors
appearing I called for Colonel Mercer & afked him in open Court whether he could
fupply the Court with proper Stamps that the bufinefs might be carried on, accord-
ing to law. He replied he could not, and gave the fubftance of the anfwer he had
given the evening before. I then afked the Clerk whether he could carry on the bufi-
nefs ivithout them. He faid he could not, without fubjediug himfelf to fuch penal-
ties as he would not expofe himfelf to. I then took the opinions of my brother
Judges on the Bench, Seriatim, whether we might not legally adjourn to the 10"' of
April next, as there was no bufinefs before us. I was afked by one of the gentle-
men wliether I had received any particular inftrudions or diredions how to ad on
this occafion. I replyed I liad not. Then the Court were unanimous tluit we
might adjourn to the next Court in courfe, which was accordingly done.
Before the adjournment Colonel Mercer offered to refign his commiffion to me.
I did not exped this; but thinking myfelf obliged to give fome anfwer, I faid I did
not think myfelf authorized to accept it, and that I thought all commiffions and
appointments ought to be refigncd into the hands of thofe from whom they were re-
ceived. That I thought I ought to accept refignations of all appointments made by
myfelf, but not of thofe of His Majefty or his minifters at home. I was taken by
furprize, and the reafons that then occurred to me befides that which I thought
proper to give in public {for the Court was filled with people) were, that if I accepted
tJie refignation, I muft appoint another, and I was well conviyiced I could not find
one to accept of it, in thofe circumftances, which would render the office cheap.
Befides if I left M'' Mercer in poffeffion of the place he would be always ready to
diftribute the Stamp'd papers, whenever peoples eyes fhould be opend and they
fhould come to tlieir fenfes, fo as to receive them.
The firft and moft obvious confequences of all this muft be, the fhuttiug up all
the parts, and flopping all proceedings in the Courts of Juftice. A moft melan-
choly profped at firft view; for what ideas can be well formed of a more miferable
condition than a ftate of general outlawry. What otlier confequences may follow
from
[ Ixxi ]
front thefe, are fo buried in ohfcurity that it requires a fagacity and judgment
much fuperior to my own, even to guefs at them, with any the leaft degree of
certainty. But it feems to me that diforder, confufion and mifery are before us,
unlefs this poor imhappy deluded people in the Colonies in general, fhould change
their plan.
I had an opportunity of (peaking my fentiments on this point to many of the
merchants who came to me for regifters for their (hipping. I reprefented the abfur-
dity of their condud who were concerned in (hipping and had large debts owing to
them, which they could not now recover; but the (lame had (pread (o univer(ally
through the Colonies, and every man was (o heated thereby, that no rea(ons could
find admittance.
On the Saturday evening the Naval Officers came to me for my advice how they
were to ad; being before apprized of this, I had an an(wer ready prepared in my
pocket, which I have them in writing in the(e words: — "Gentlemen; I have been
(worn in Council to u(e my be(t endeavors to put in execution an Ad pa((ed in this
la(t Se((ion of Parliament of Great Britain, direding what Stamps are to be u(ed
in your offices in carrying on the bu(ine(s thereof, from the i^' In(tant; that Ad
therefore is to be your guide, and I have no advice to give you but that you ad in
conformity thereto. Every deviation from it mu(t be at your peril."
FRAN: FAUQUIER.
Colonel Mercer has informed me that he propo(es to apply to the Commanders
of His Maje(ty's (hips of War, to take the Stamp' d Papers on board their (hips for
His Maje(ty's (ervice; it being the place of the greate(t if not the only (ecurity for
them: for I am convinced, as well as him(elf, that it would be extremely dangerous
to attempt to land them during the pre(ent fermented (tate of the Colony. If the(e
Gentlemen (hould refu(e (hoidd to take charge of them, and il/'' Mercer (hould apply
to me, I will do my duty to His Maje(ty and (ave them from being de(troyed, to the
be(t of my power, tho' I can by no means an(wer for the (iicce(s of my endeavors.
Thus my Lords I have in a candid and undi(gui(ed manner (et the naked
truth before you, and (ubmit my condud through this whole affair to your Lord-
(hips judgment. I mu(t confe(s that I have never in the cour(e of my life been in a
fituation which required (o much circmnffpedion. I have often been at a lo(s to
form a judgment for my(elf how to proceed, and have often been di((ati(fyed with
my determinations, and (hoidd have been glad of your Lord(hips (uperior abilities
to a((i(t me in my condud. If I (hall be (o fortunate as to have gone through this
very difficult affair with a tolerable share of prudence, I (hall think my(elf happy
indeed. But if my condud (hould meet with the di(approbation of my royal Ma(-
ter or his Mini(ters, I mu(t rely on your Lord(hips candor, and beg leve to repre-
(ent to you that I was left to my(elf without any in(trudions or diredions from your
right honourable Board, to guide me through this wilderne(s. Your Lord(hips
will I hope forgive me in saying that I even had not the common notice of there being
(uch an Ad, as it has never been (ent to me: but my zeal to promote His Maje(ty's
(ervice never let me take this into confideration.
I am with the greate(t re(ped & e(teem, my Lords
Your Lord(hips mo(t obed.'
and devoted Serv.'
FRAN. FAUQUIER.
The refult of this adl upon the part of the people of the Colony caufed Captain Ster-
ling, of his Majefty's fhip "Rainbow," to take the entire collecStion of Stamps brought
into the colony by Colonel Mercer on board his veffel. Governor Fauquier calls atten-
tion to this a(5t in his letter to the Board of Trade under date of November 8*'' 1 765 :
My
[ Ixxii ]
W"«burgh' Nov/ 8'^^ 1765.
My Lards,
I think it my duty to inform Your Lordfhips that fince my long letter of the 3'^
inftant Captain Stirling has with great readinefs taken all the Staynp'd Papers
brought in by Colonel Mercer on board the Rainbow for their fecurity, till the mad-
nefs of the people fhall abate. And it is with fome degree of pleafure I can inform
Your Lordfhips that I am not altogether without hopes that the diftrefs the country
will feel on a total fiagnation of bufinefs, will open their eyes and pave the way for
the Ad's executing itfelf. For I am very credibly informed that fome of the nioft
bufy men in oppofing the reception of the Stamps are already alarmed at the coyife-
quences of the imprudent fteps they have taken. God grant my information may
prove true.
I am with the greateft efteem and regard
My Lords
Your Lordfhips mo ft obed.'
and devoted Servant
FRAN. FAUQUIER.
This fpirit of refiftance as fliown by the people of Virginia was clofely followed by
the other Colonies, and delegates were elecfted to meet and difcufs what courfe fhould be
purfued to defeat the purpofe of stamp legiflation. This body claimed that the Adl
extending the jurifdidlion of the Courts of Admiralty was tmjuft, as was the abolition of
trial by jury. They declared the A61 to " have a manifeft tendency to fubvert the rights
and liberties of the colonifts. " This pofition was maintained in an addrefs to the King
and Parliament, and the views of the colonies were fo ftrongly expreffed that it was
difficult to fecure the fignature of the delegates to the addrefs in queftion. This oppofi-
tion to the Stamp A6t, however, gave rife to little hope of effecfting an annulment. The
Colonies were convinced, that, owing to the unfriendly attitude of the Duke of Cumber-
land, who was Prime Minifter at that time, nothing favorable to America's caufe
coiild be expedled. Their rights were not to be overridden, however, without prefent-
ing the ftrongeft poffible oppofition. The Magiftrates throughout the Colony deter-
mined that they would not enforce the Stamp Adl, and declined to further fer\'e as
officers of the Colony. This movement was probably ftarted in Weftnioreland county,
and, from the determined fpirit expreffed by the Magiftrates in that county, it was at
once apparent that the fucceffful operation of the Stamp Adl in Virginia was anything
but affured.
That fuch an affociation 3 was formed is noted in the following refolutions^ paffed at
Leedftown, on the 27'*^ day of February 1766:
"Roufed by danger, and alarmed at attempts, foreign and domeftic, to
reduce the people of this country to a ftate of abjecSl and deteftable flavery, by
deftroying that free and happy conftitution of government, under which they
have hitherto lived. We, who fubfcribe this paper, have affociated, and do bind
ourfelves to each other, to God, and to our coimtry, by the firmeft ties that reli-
gion and virtue can frame, moft facredly and punctually to ftand by, and with
our lives and fortunes, to fupport, maintain, and defend each other in the obfer-
vance and execution of thefe following articles.
Fir ft. We declare all due allegiance and obedience to our lawful Sovereign,
George the third King of Great Britain. And we determine to the utmoft of our
power to preferve the laws, the peace and good order of this Colony, as far as is
confiftent with the prefer\-ation of our Conftitutional rights and liberty.
Secondly. As we know it to be the Birthright privilege of every Britifh Sub-
jedl, (and of the people of Virginia as being fuch) fotmded on Reafon, Law, and
Compad ; that he cannot be legally tried, but by his peers ; and that he cannot
be
• Bancroft Tranfcripts— Library of Congrefs. " Southern Literary Meffenger, Vol. 8. p. 258.
3 Ibid, Vol. 8. p. 257.
[ Ixxiii ]
be taxed, but by confent of a Parliament, in which he is reprefented by perfons
chofen by the people, and who themfelves pay a part of the tax they impofe on
others. If therefore, any perfon or perfons fhall attempt, by any adtion or pro-
ceeding, to deprive this Colony of thofe fundamental rights, we will immediately
regard him or them, as the moft dangerous enemy of the community ; and we
will go to any extremity, not only to prevent the fuccefs of fuch attempts, but
to ftigmatize and piinifh the offender.
Thirdly. As the Stamp A6t does not abfolutely diredt the property of the
people to be taken from them without their confent expreffed by their reprefen-
tatives, and as in many cafes it deprives the Britifh American Subjedl of his
right to trial by jury ; we do determine, at every hazard, and, paying no regard
to danger or to death, we will exert every faculty, to prevent the execution of the
faid Stamp A(5l in any inftance whatfoever within this Colony. And every
abandoned wretch, who fhall be fo loft to virtue and public good, as wickedly to
contribute to the introdudlion or fixture of the Stamp Adt in this Colony, by
ufmg stampt paper, or by any other means, we will, with the utmoft expedition,
convince all fuch profligates that immediate danger and difgrace fhall attend
their proftitute purpofe.
Fourthly. That the laft article may moft furely and effectually be executed,
we engage to each other, that whenever it fhall be known to any this affocia-
tion, that any perfon is fo conducting himfelf as to favor the introdudlion of the
Stamp Adl, that immediate notice fhall be given to as many of the affociation
as poffible ; and that every individual fo informed, fhall, with expedition, repair
to a place of meeting to be appointed as near the fcene of adlion as may be.
Fifthly. Each affociator fhall do his true endeavor to obtain as many
figners to this affociation, as he poffibly can.
Sixthly. If any attempt fhall be made on the liberty or property of any
affociator for any adtion or thing to be done in confequence of this agreement,
we do moft folemnly bind ourfelves by the farced engagements above entered
into, at the utmoft rifk of our lives and fortunes, to reftore fuch affociate to his
liberty, and to protedt him in the enjoyment of his property.
In teftimony of the good faith with which we refolve to execute this affo-
ciation we have this 27'*^ day of February 1766, in Virginia, put our hands and
feals hereto."
Richard Henry Lee William Sydnor
Will. Robin f on John Monroe
Lewis Willis William Cocke
Thos. Lud. Lee Willm. Grayfon
Samuel Wafhington Wm. Brockenbrough
Charles Wafhington Saml. Selden
Moore Fauntleroy Richd. Lee
Francis Lightfoot Lee Daniel Tibbs
Thomas Jones Francis Thornton, junr.
Rodham Kenner Peter Ruft
Spencer M. Ball John Lee, jr.
Richard Mitchell Francis Waring
Jofeph Murdoch John Uppiaw
Richd. Parker Meriwether Smith
Spence Monroe Thos. Roane
John Watts Jas. Edmondfon
Robt. Lovell Jas. Webb, junr.
John Blagge John Edmondfon
Charles Weeks Jas. Banks
Willm. Booth Smith Young
Geo.
[ Ixxiv ]
Geo. Turherville
Alvin Moxley
Wm. Flood
John Ballantine, jiinr.
William Lee
Thos. Chilton
Richard Buckner
Jos. Pierce
Will. Chilton
John Williams
John Blackwell
Winder S. Kenner
Wm. Bronaugh
Wm. Pierce
John Berryman
John Dickfon
John Broone
Edwd. Sanford
Charles Chilton
Edward Sanford
Daniel McCarty
Jer. Sufh
Edwd. Ran f dell
Townfhend Dade
John Afhton
W. Brent
Francis Foufhee
John Smith, junr.
Wm. Ball
Thos. Barnes
Jos. Blackwell
Reuben Meriwether
Edw. Mountjoy
Wm. J. Mountjoy
Thos. Mountjoy
John Mountjoy
Gilbt. Campbell
Jos. Lane
Laur. Wafhington
W. Roane
Rich. Hodges
J as. Upfhaw
Jas. Booker
A. Montague
Richd. Jeffries
John Suggett
John S. Woodcock
Robt. Wormeley Carter
John Beale, junr.
John Newton
Will. Beale junr.
Chs. Mortimer
John Edmondfon, jr.
Charles Beale
Peter Grant
Thompfon Mafon
Jona. Beckwith
Jas. Sanford
John Belfield
W. Smith
John Augt. Wafhington
Thos. Belfield
Edgcomb Suggett
Henry Francks
John Bland, junr.
Jas. Enter f on
Thos. Logan
Jo. Milliken
Ebenezer Fifher
Hancock Euftace
John Richards
Thos. Jett
Thos. Douglas
Max. Robin f on
John Orr
Such was the condition of affairs in Virginia as the refult of the paffage of the Stamp
Adt, the cry being that " taxation and reprefentation were co-equal with, and effential to,
the Conftitution. " This was the pofition taken by Lord Camden, who reprefented the
colonies in a moft prominent way on the floor of Parliament. This Statefman main-
tained that taxation and reprefentation were infeparable, and largely through his efforts
was the Adl repealed. Affociated with him in the caufe of the Colonies was Pitt, who
gloried in the refiftance of America. He maintained that " three millions of people £o
dead to all feeling of liberty as voluntarily to fubmit to be flaves, would have been fit
inftruments to make flaves of the reft. Such arguments were irrefif table, and, largely
due to the influence of Pitt and Camden, Parliament put an end to taxation of the
Colonies. George the Third affixed his fignature to the Adl repealing this obnoxious
law on March i8* 1766, and no Adt of Great Britain during the hiftory of the Colonies
proved fo acceptable to Americans in general:
An
[ Ixxv ]
ACT REPEALING THE STAMP ACT.
An Ad " to repeal an Ad made in the laft Seffion of Parliament, intituled, An
Ad for granting and applying certain Stamp Duties, and other Duties, in the Bri-
tifli Colonies and Plantations in America, towards further defraying the Expenfes
of defending, proteding and fecuring the fame; and for amending fuch Parts of the
feveral Ads of Parliament relating to the Trade and Revenue of the faid Colonies
and Plantations, as dired the Manner of determining and recovering the Penalties
and Forfeitures therein mentioned.
Whereas an A(5t was paffed in the laft Seffion of Parliament, intituled,
An Ad for granting and applying certain Stamp Duties, and other Duties, in the
Colonies Britifh Colonies and Plantations in America, towards further defraying
the Expenses of defending, protecting and fecuring the fame; and for amending
fuch Parts of the feveral Ads of Parliment relating to the Trade and Revenues of
the faid Colonies and Plantations, as direct the Manner of determining and
recovering the Penalties and Forfeitures therein mentioned: And whereas the
Continuance of the faid Acft would be attended with many Inconveniences,
may be productive of Confequences greatly detrimental to the Commercial
Interefts of thefe Kingdom's; May it therefore pleafe Your Moft Excellent
Majefty, that it may be enacted; and be it enacted by the King's Moft
Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual
and Temporal, and Commons, in this prefent Parliament affembled, and by
the Authority of the fame, That, from and after the firft Day of May one
thoufand feven hundred and fixty-fix, the above mentioned Adl, and the
feveral Matters and Things therein contained, fhall be, and is and are hereby
repealed and made void to all Intents and Purpofes whatfoever.
This adtion upon the part of Great Britain was made known to Virginians by a proc-
lamation iffued by Governor Fauquier on the 6*** day of June 1766.
A PROCLAMATION.
VIRGINIA, to wit:
Whereas, his Majefty has been gracioufly pleafed to give his affent to an adl
of Parliament (a copy of which is now in this colony) entitled An Ad to repeal
an ad made in the laft fefflon of Parliament, entitled An Ad for granting and apply-
ing certain Stamp Duties, and other duties, in the Britifh colonies and plantations
in America, towards further defraying the expenfe of defending, proteding, and
fecuring the fame; and for amending fuch parts of the feveral ads of Parliament,
relating to the trade and revenue of the faid colonies and plantations, as dired the
manner of determining and recovering the penalties and forfeitures therein men-
tioned: I have thought proper, by and with the advice of his Majefty's Coun-
cil, to iffue this proclamation, hereby notifying the fame ; to the end that all
magiftrates, officers, and others whom it may concern, do proceed on bufmefs,
and execute the refpedlive duties of their office in the ufual courfe. And for
the more folemn fignification thereof, I do appoint this proclamation to be read
and publifhed at the courthoufe of the feveral counties within this dominion.
Given under my hand, and the feal of the colony, at Williamfbiirg, this 9* day
of June 1766, and the 6* year of his Majefty's reign.
FRANCIS FAUQUIER.
GOD SAVE THE KING.
So ended the greateft of tax difputes in the hiftory of the Colonies. The repeal of
the Stamp A(5l was confidered not only a happy deliverance from an unjuft tax, but it at
once gave the Colonies a pofition of prominence which they had never before held. They
__________ became
• Statutes at Large, VI, p. 667.
[ Ixxvi ]
became important fadors to be confidered by Great Britain in the adminKtration of its
colonial affairs, and, recognifing that they occupied fuch a pofition, the Colonies deter-
mined upon clofer relations among themf elves than had heretofore exifted. The various
AffembUes were wont to take adion on any important queftion without knowing the
pofition others had affumed under fimilar conditions, and, in fad, many laws paffed
by thefe bodies were to all intents and purpofes national as well as of local importance.
Such was the refult of the adion of Great Britain, in creating a law that was framed
and advocated by fuch ftatefmen as the Duke of Cumberland, Lord Townfend and others
and, but for entrufting the deftinies of the Colonies to fuch men, Great Britain would
tmdoubtedly have exercifed jiuifdidion over America much later than 1776.
John Pendleton Kennedy.
Richmond, June, ipoy.
JOURNAL
of the
House of Burgesses
I 7 6 I
Burgeff es.
Accomac
Thomas Parramore
Hampfhire
James Keith
Southey Simpfon
■'_,
Thomas Rutherford
Albemarle
♦Thomas Walker
HanoA'er
♦John Syme
John Frv^
Nathaniel Weft Dandridge
Amelia
♦David Greenhill
Henrico
Bowler Cocke
♦Thomas Tabb
tWilliam Randolph
Amherft
♦William Cabell
Ifle of Wight
James Bridger
Cornelius Thomas
Jofeph Bridger
Augul'ta
♦IfrcEl Chriftian
James City
Lewis Burwell
♦John Wilfon
PhiHp Johnfon
Bedford
William Callaway
Jameftown
Edward Champion Travis
John Talbot
King & Queen
♦John Robinfon
Bnmfwick
♦Ifaac Rowe Walton
♦fGeorge Braxton
William Thornton
King George
♦Charles Carter
Buckingham
Robert Boiling
♦Charles Carter, Jr.
♦Jofeph Cabell
King William
♦Bernard Moore
Caroline
♦Edmimd Pendleton
♦Carter Braxton
♦John Baylor
Lancafter
♦Charles Carter
Charles Cit}'
♦Benjamin Harrifon
Richard Mitchell
William Kermon
Loudoun
Francis Lightfoot Lee
Chefterfield
♦Archibald Cary
James Hamilton
Richard Eppes
Louifa
William Johnfon
The CoUege
♦Mann Page
Thomas Johnfon
Culpeper
James Barbour
Limenburg
Clement Reade
John Field
Henry Blagrave
Cumberland
♦George Carrington
Middlefex
John Smith
John Fleming
Ralph Wormeley
Dinwiddie
Robert Boiling
Nanfemond
Lemuel Riddick
♦Leonard Claiborne, Jr.
W^illis Riddick
Elizabeth City *George Wythe
New Kent
♦Gill Armiftead
♦William Wager
Richard Adams
Effex
♦John Upfhaw^
Norfolk
No election held
John Lee
See Page i8
Fairfax
George Johnfton
Norfolk Borough ♦Jofeph Hutchings
John Weft
Northampton
John Harmanfon
Fauquier
Thomas Marfhall
Thomas Dalby
Thomas Harrifon
Northiunberland *§Prefley Thornton
Frederick
♦George Wafliington
Spencer Hall
George Mercer
Orange
♦James Taylor
Gloucefter
John Page
James Walker
♦Thomas Whiting
Prince Edward
♦Peter Legrand
Gk)ochland
John Payne
Abner Nafh
Jofias Payne
Prince George
*Richard Bland
Halifax
Nathaniel Terry
Robert Wade
Richard Bland, Jr.
*Not fhown by the Journal to have been prefent during the Affembly.
tDied fhortly after election was held.
§Appointed to Council.
[4]
Prince William* Henry I>ee
♦John Baylis
Princefs Anne Anthony Walke
Edward Hack Mofeley
Richmond *Landon Carter
*John Woodbridge
Southampton Jofeph Gray
Benjamin Symmons
Spotfylvania Fielding Lewis
♦Benjamin Grymes
Stafford William Fitzhugh
Thomas L. Lee
Surry Hartwell Cocke
Henry Browne
Suffex David Mafon
John Edmimds
Warwick *William Digges
William Harwood
Weftmoreland *Richard Henry Lee
♦Richard Lee
Williamfburg *Peyton Randolph
York * Dud ley Digges
Thomas NeKon, Jr.
*Not fhown by the Journal to have been pretent during the Affembly.
JOURNAL
of the
House of B
s
OUSE OF OURGESSES
^uesda^, l^e 3r6 of November, 2 (Beo, lit 1761.
IXTY FIVE Members having taken the Oaths appointed to be taken by Adt of
Parliament, inftead of the Oath of Allegiance and Supremacy, and taken and
fubfcribed the Oath of Abjuration, and alfo fubfcribed the Teft, took their
Places in the Houfe.
A Meffage from the Govemour by M'' Walthoe.
Gentlemen of the Houfe of Burgeffes,
The Govemour commands your immediate Attendance in the Council Chamber.
The Houfe went up accordingly, and the Govemour was pleafed to fay to them :
Gentlemen of the Houfe of Burgeffes,
You muft return again to your Houfe, and immediately proceed to the Choice of a
Speaker.
Being returned, M'' Bland reminded the Houfe of the Govemour's Commands to
proceed to the Choice of a Speaker, and he recommended John Robin f on, Efq; who
had for many Years paft, and in many Affemblies, executed that important Truft,
and had given undeniable Proofs of his Abilities and Integrity: And he was accord-
ingly unanimotifly elected Speaker, and in the ufual Manner condudted to the Chair;
from whence he returned his Thanks to the Hovife for the Honour they had conferred
on him, and expreffed the juft Senfe he had of the Obligation they laid him imder.
Ordered, That a Meffage be fent to the Govemour, to acquaint him that this Houfe,
in Obedience to his Commands, have made Choice of a Speaker, and to know his Pleaf-
vire when they fhall attend to prefent him ; and that M"" Bland, and M"" Charles Carter,
Jun. do wait on him with the faid Meffage.
They accordingly withdrew; and being returned, M"" Bland reported that the
Governour was pleafed to fay he was then ready to receive them in the Cotmcil Chamber.
And accordingly the Houfe went up with their Speaker eledt, and the Govemour
was pleafed to declare he was particularly pleafed with their Choice. M"" Speaker then,
in Behalf of the Houfe, petitioned the Govemour that they might enjoy their ancient
Rights and Privileges, fuch as Freedom of Speech and Debate, Exemptions from Arrefts,
and Protedtion for their Eftates; and for himfelf, he intreated that no Mif takes of his
might be imputed to the Houfe.
To which the Govemour anfwered, that he fhould take Care to defend them in all
their jtift Rights and Privileges.
Being returned, M'' Speaker reported that the Hovife had attended he Govemotu-
in the Council Chamber, and prefented their Speaker; that he was pleafed to approve
of their Choice, and then made a Speech to the Council and this Houfe, of which he had,
to prevent Miftakes, obtained a Copy; which he read, and afterwards delivered in at
the Table, where it was again read, and is as follows:
Gentlemen
[6]
Gentlemen of the Council, M' Speaker, and Gentlemen of the Houfe of Burgeffes,
It was neceffary for me to convene you at this Time, that you might take into your
Confideration the prefent State of the Regiment, and the Time for which it ftands provided.
To prevent laying any unneceffary Burthen on you, it was my Refolution to leave this
Matter entirely to yonrfelves, as you were the moft competent Judges of the Condition of
your own Frontiers; without requiring a fingle Man from you, unlefs his Majefty had
demanded any: But Sir Jeffrey Amherft, in a Letter I have received from him, in Anfwer
to one I wrote to hirn on that Head, has given fuch Reafons for the Continuance of the Regi-
ment, at Leaft until a folid Peace is concluded with the Cherokee Indians, as have had
great Weight with me; for which Reafon I fhall lay his Letter before you for your Deliber-
ations thereon, not doubting but you will fee the Utility of purfuing the Meafures he
recommends to me.
I wifh it had been now in my Power to have given you any certain Intelligence of the Prog-
re fs made towards a Peace with thofe Indians; but the laft Letter I have received from
the Lieutenant Governour of South CaroUna, in whofe Province thefe Negotiations are
carrying on, was the 2$th of May laft. If any frefh Information fhould arrive, during
your prefent Seffion, you may depend on my immediately communicating it to you.
It is with great Pleafure I can acquaint you that Meff. John Chifwell and Thomas
Walker, the two Gentlemen whom, authorized by you, I appointed my Ccnnmiffioners to
meet thofe Indians on our Frontiers, executed that Commiffion with Punduality and Ex-
pedition, to the Satiffadion of myfelf and his Majefty's Council; and I now recommend
them to you, to make them fuch Recompenfe as their Service merits.
I have received Letters from Colonel Stephen, who informs me that fince the Command
of the Regiment had devolved on him he has proceeded as far as the Big Ifland, and encamped
on the main Branch of HoKton River; where he has received fubmiffive Letters from fome
of thofe Indian Chiefs who were fuppofed to be the moft averfe to Peace, Copies of which
he has fent to me, with his Anfwers. This Place Colonel Stephen points out as very proper
on which to ered a Fort and Storehoufe. As I am uncertain whether this Spot is adually
within this Colony, or in North CaroHna, and am utterly unacquainted with the Advantages
to be expeded from carrying on a Trade with thofe Indians, / fhall refer the Confideration
of this Matter wholly to you, and have deferred giving him any Anfwer until I fhould have
your Refolution thereon. This Letter, and Papers, I fhall now lay before you.
M" Speaker, and Gentlemen of the Houfe of Burgeffes,
The Allotment made to this Colony out of the £ 200,000 granted by the Britifh Par-
liament for the Services performed by the Colonies for the Year 1759, which is now, I am
informed, in the Hands of your Agent, will be perhaps fufficient to anfwer the Expenfes
of providing for the Regiment for a longer Time, without your being obliged to lay any
additional Burthen on the Inhabitants of this Colony, or creating any new Emiffion of
Paper Currency; a Thing, if poffible, to be avoided; yet, if found to be abfolutely neceffary,
to be complied with: For, Neceffity has no Law. I have the greateft Confidence in your
Prudence, that you will condud yourfelves in a Manner fuitable to your Duty to our moft
gracious Sovereign, and the true permanent Intereft of your Country.
Gentlemen of the Council and of the Houfe of Burgeffes,
As the laft Affembly took into their Confideration the Grievances, and provided for
the Wants, of the Colony, by enading feveral wholefome Laws for the Benefit of the Com-
munity, there will confequently be but little Bufinefs for you to enter on this Seffion; and
I fhall only recommend to you that Zeal, Unanimity and Defpatch, which I have fo fre-
quently and fo fatiffadorily experienced during the repeated Seffions of the laft General
Affembly; and which I have not the leaft Room to doubt but I fhall find as adive through
the Courfe of this, ivhich I hope will continue as long as our Conftitution, and the Example
of our Mother Country, will permit.
Refolved
[7]
Refolved, That an humble Addrefs be prefented to his Honour the Govemour,
to return him the Thanks of this Houfe for his affe(ftionate Speech ; to affure him we
will ferioufly confider the feveral Matters he has been pleafed to recommend to us,
and will proceed therein with Zeal, Unanimity and Def patch.
Ordered, That a Committee be appointed to draw up the faid Addrefs; and it is
referred to M'' Attorney, M"' Pendleton and M"" Bland, to prepare and bring in the fame.
Refolved, That this Houfe will take the Govemour's Speech into Confideration
Tomorrow.
M"' Speaker reported that the Govemour had delivered to him the feveral Letters
mentioned in his Honour's Speech, with Directions to lay the fame before this Hotife.
And the faid Letters were read, and ordered to lie on the Table.
Ordered, That the Reverend M'' Yates be appointed Chaplain to this Hoixfe, and
that he attend to read Prayers every Morning at Ten "'Clock.
Ordered, That Thomas Broadrib, James Lavie, Thomas Francis and Nathaniel Hix,
be appointed Doorkeepers to the Houfe, and that they give their Attendance accordingly.
And then the Houfe adjourned until Tomorrow Morning, Ten "'Clock.
We6nes6aY» t^e 4t^ of November, 2 (bao. Ill- 1761.
ORDERED, That an Addrefs be made to the Govemour to order a new Writ to
iffue for electing a Burgefs to ferve in this prefent General Affembly for the
Connty oi Henrico, in the Room of William Randolph, Gentleman, deceafed,
and that M"" Bowler Cocke do wait on him with the faid Addrefs.
Ordered, That an Addrefs be made to the Govemour to order a new Writ to iffue
for the eledling a Burgefs to ferve in this prefent General Affembly for the County
of King and Queen, in the Room of George Braxton, Gentleman, deceafed, and that
M"" Pendleton do wait on him with the faid Addrefs.
Ordered, That an Addrefs be made to the Govemour to order a new Writ to iffue
for eledling a Burgefs to ferve in this prefent General Affembly for the County of North-
umberland, in the Room of the Honourable Prefly Thornton, Efq; appointed one of
his Majefty's Council for this Colony, and that M'' Henry Lee do wait on him with the
faid Addrefs.
On a Motion made,
Ordered, That all fuch Claims and Propofitions as fhall be certified to this Seffion
of Affembly be referred to the Confideration of the next Seffion of Affembly.
On a Motion made,
Ordered, That Leave be given to bring in a Bill For regulating the Fees and Charges
of Perfons pradtifmg Phyfick, Surgery and Midwifery, in this Colony ; and it is referred
to M"" Landon Carter, and M'' Richard Henry Lee, to prepare and bring in the fame.
On a Motion made.
Ordered, That Leave be given to bring in a Bill To empower the Veftry of the Parifh
of Hanover, in the Coimty of King George, to fell their prefent Glebe Lands, and to lay
out the Money in the Purchafe of a more convenient Glebe ; and it is referred to M""
Charles Carter, and M'' Charles Carter, Junior, to prepare and bring in the fame.
Several Petitions of Henry Orm, John Bony, William Chifam, John Fitzpatrick
and Henry Moxom, late Soldiers of the Virginia Regiment, who have been difcharged
as difabled and unfit for Service, and praying Relief, were feverally prefented to the
Houfe and read.
Ordered, That the faid Petitions be referred to M"" Wafhington, M"' Bland, 'W Wilfon
and M'' Chriftian ; that they examine into the Allegations of the faid Petitions refpec-
tively, and report the fame, with their Opinions thereon, to the Houfe.
A Petition of fundry Inhabitants of the Counties of Amherft and Buckingham,
fetting forth that before their Divifion from the County of Albemarle a complete Set
of
[8]
of Weights and Meafures of the Englifh Standard had been purchafed for the Ufe of
that County, of which they paid their proportionable Part; and praying that the In-
habitants of the faid County of Albemarle may be obHged to reimburfe them, was
prefented to the Houfe and read.
Ordered, That the faid Petition be referred to the Confideration of the next Seffion
of Affembly.
On a Motion made.
Ordered, That Leave be given to bring in a Bill For appointing a Treafurer, and
it is referred to M"" Bland to prepare and bring in the fame.
The Order of the Day being read for the Houfe to take into their Confideration
the Govemour's Speech.
Refolved, That this Houfe will refolve itfelf into a Committee on the faid Speech.
Ordered, That the feveral Letters mentioned in the faid Speech, and Yefterday
laid before the Houfe, be referred to the Confideration of the faid Committee.
And then the Houfe refolved itfelf into a Committee on the faid Speech and Letters ;
and after fome Time fpent therein M'' Speaker refumed the Chair and M"' Charles Carter
reported that the Committee had had the faid Speech and Letters under their Con-
fideration, and had come to two Refolutions thereon, which he read in his Place, and
then delivered in at the Table, where they were again twice read, and agreed to by the
Houfe, as follow :
Refolved, That the Regiment now in the Service of this Colony be further continued.
Refolved, That a Sum not exceeding £ 12,000 be raifed for the Pay and Maintenance
of the faid Regiment.
M'' Carter aKo reported that the Committee, not having Time to go through the
faid Speech, had diredled him to move for Leave to fit again.
Refolved, That this Houfe will again refolve itfelf into a Committee on the faid
Speech Tomorrow.
On a Motion made,
The Houfe immediately refolved itfelf into a Committee to confider of Ways and
Means for raifing the Sum of £ 12,000, agreeable to the above Refolution; and after
fome Time fpent therein M"" Speaker refumed the Chair, and M'' Charles Carter reported
that the Committee had had that Matter under their Confideration, and had come to a
Refolution thereon, which he read in his Place, and then delivered in at the Table, where
it was again twice read, and agreed to by the Houfe, as follows:
Refolved, That the Sum of £ 12,000 be raifed by Bills of Exchange, to be drawn
on Edward Montagu, Efq;
Ordered, That a Bill or Bills be brought in, purfuant to the three foregoing Refolu-
tions; and it is referred to M"" Charles Carter, M'' Attorney, M"" Pendleton, W Grymes,
W Walker and M"" Cary, to prepare and bring in the fame.
Ordered, That a Committee of Privileges and Eledlions be appointed of the follow-
ing Perf ons :
M'' Attorney.
W Charles Carter. M'' Dudley Digges.
M^ Bland. M' Wythe.
M' London Carter. M" Richard Henry Lee.
M'' William Digges. M'' Pendleton.
M"" Benjamin Harrifon. M'' Whiting.
M.^ John Page. M.^ Baylor.
And they are to meet and adjourn from Day to Day, and examine in the firft
Place all Returns of Writs for electing Burgeffes to ferve in this prefent General Affembly
and compare the fame with the Form prefcribed by Law; and to take into their
Confideration all fuch Matters as fhall or may come in Queftion touching Returns,
Ele(5lions and Privileges ; and to report their Proceedings, with their Opinions thereon,
from Time to Time, to the Houfe ; And the faid Committee is to have Power to fend
for Perfons, Papers and Records, for their Information.
Refolved
[9]
Refolved, That five of the faid Committee be a fufficient Number to make a Com-
mittee.
Refolved, That in all Cafes of controverted Eledtions to be heard at the Bar of this
Houfe, or before the Committee of Privileges and Eledtions, the Petitioners do by
Themf elves, or by their Agents, within a convenient Time, to be appointed either by
the Hotife or the Committee of Privileges and Eledtions, as the Matter to be heard fhall
be before the Hotife or the faid Committee, deUver to the fitting Members, or their
Agents, Lifts of the Perfons intended by the Petitioners to be objedted to, who voted
for the fitting Members, giving in the faid Lifts the feveral Heads of Objedtion, and
diftinguifhing the fame, againft the Names of the Voters excepted to; and that the
fitting Members do by Themfelves, or their Agents, within the fame Time, deliver the
like Lifts on their Part to the Petitioners, or their Agents.
And then the Houfe adjourned until Tomorrow Morning, Ten "'Clock.
^^r56a^, ll^e 5t^) of November. 2 (5eo, IIL 1761.
M
R Attorney reported that the Committee appointed had, according to Order,
prepared an Addrefs to the Govemour, which he read in his Place and
afterwards delivered in at the Table, where the fame was again twice read,
and agreed to, and is as follows :
SIR,
We his Majefty's mo ft dutiful and loyal Subjeds, the Burgeffes of Virginia, now
met in General Affembly, return you our Thanks for your Speech at the Opening of this
Seffion.
Your affedionate and tender Manner of applying to this Houfe cannot but add to
that Efteem your Condud had before raifed very high. The Regard you have always fhown
for the Welfare of the People, the Freedom and Sincerity we muft all have obferved in your
Adminiftration, will ever keep up the fame Sentiments of Gratitude and Affedion to your
Perfon and Government. We are fully fatiffied that you will never afk any Thing of
this Affembly but what yon are convinced will be agreeable to our Duty to his Majefty, and
the true permanent Intereft of this Colony; and it will be with great Reludance we fhall
ever deviate from thofe Meafures which you think will be produdive of thofe falutary Ends.
You may be affured. Sir, we fhall take under our Conflderation the feveral Matters
you have been pleafed to recommend to us, with all poffible Zeal, Unanimity and Defpatch.
Ordered, That the faid Addrefs be fairly tranfcribed, and prefented by the whole
Houfe.
Ordered, That the Committee who prepared the fame wait on the Govemour, to
know his Pleafure when this Houfe fhall attend his Honour to prefent it.
M'' Bland prefented to the Houfe, according to Order, a Bill For appointing a Treaf-
urer ; and the fame was read the firft Time, and ordered to be read a fecond Time.
A Meffage from the Council by M"" Walthoe.
That they had fent down for the Conflderation of this Houfe feveral Letters from Edward
Montagu, Efq; Agent for this Colony, which had been laid before them by the Committee
of Correfpondence.
Ordered, That the faid Letters do lie on the Table for the Perufal of the Members
of this Houfe.
A Petition of M"' James Wallace, complaining of an undue Eledlion and Return of
M"" William Wager, to ferve as a Burgefs in this prefent General Affembly for the County
of Elizabeth City.
Alfo a Petition of M'' John Leigh, complaining of an undue Eledtion and Return of
M*" Peter Legrand, to ferve as a Burgefs in this prefent General Affembly for the Coimty
of Prince Edward.
Alfo
[lo]
Alfo a Petition of M"' John Clack, complaining of an undue Eledlion and Return of
M"" Ifaac Row Walton, to ferve as a Burgefs in this prefent General Affembly for the
County of Brunfwick, were feverally prefented to the Houfe and read.
Ordered, That the faid Petitions be referred to the Committee of Privileges and
Elections; that they do examine into the Allegations thereof, and report the fame,
as they fhall appear to them, with their Opinions thereupon, to the Houfe.
M'' Charles Carter, from the Committee appointed prefented, to the Houfe, accord-
ing to Order, a Bill For further continuing the Regiment in the Senxe of this Colony ;
and the fame was read the firft Time, and ordered to be read a fecond Time.
He alfo prefented to the Houfe, according to Order, a Bill To empower the Veftry
of the Parifh of Hanover, in the County of King George, to fell their prefent Glebe
Lands, and to lay out the Money in the Purchafe of a more convenient Glebe ; and
the fame was read the firft Time, and ordered to be read a fecond Time.
A Petition of fundry Inhabitants of the Town of Staunton, in the County of Augufta,
fetting forth that the late Colonel Beverley had given to that County 25 Acres of Land
adjoining the faid Town, to be added to and made Part thereof, which are fmce laid
out into Lots; and praying that an Act may pafs for that Purpofe, was prefented to
the Houfe and read.
Ordered, That a Bill be brought in pvirfuant to the Prayer of the faid Petition, and
it is referred to M"" Chriftian and M"" Wilfon to prepare and bring in the fame.
A Petition of fundry Inhabitants of the Cotmty of Bedford, fetting forth that
William Callaway, Gentleman, had given 100 Acres of Land to the faid County, adjoin-
ing the Court Houfe, to be laid oft" into a Town ; and praying that an Adl may pafs to
eftablifli the fame, was prefented to the Hovife and read.
Ordered, That it be an Inftrudtion to the Committee appointed to prepare and
bring in a Bill For enlarging the Town of Staunton, in the County of Augufta, that they
receive a Claufe or Claufes purfuant to the Prayer of the faid Petition.
M"" Wafhington reported that the Committee appointed had had under their
Conlideration the feveral Petitions of Henry Orm, Henry Moxom, John Fitzpatrick,
William Chifam and John Dony, late Soldiers of the Virginia Regiment, and difcharged
as unfit for further Service, to them referred, and had come to two Refolutions thereon,
which he read in his Place, and then delivered in at the Table, where they were again
twice read, and agreed to by the Houfe, as follow:
Refolved, That the Allegations of the faid Petitions are true.
Refolved, That the faid Henry Moxom ought to be allowed the Sum of ^ 25, and
the faid Henry Orm, John Fitzpatrick, William Chifam and John Dony, the Sum of
£ 20 each, as a Satiffa(5tion for the Injuries they have fuftained in the Ser\'ice of this
Colony, to be paid by the Publick.
A Petition of fundry Merchants on Rappahannock River, complaining that they
are greatly impofed on by a Set of Men called Pilots, who exadt exorbitant Fees ; and
praying that a late A(5t of Affembly For eftablifhing the Rates of Pilotage, which ex-
pired fome Time ago, may be revived, was prefented to the Hoiafe and read.
Ordered, That the faid Petition be referred to the Confideration of the next Seffion
of Affembly.
A Petition of Mann Page, Efq ; fetting forth that he is feized in Fee Taille of a
Tradl of Land in Hanover, whereon Page's and Criitchfield's Warehoufes ftand, con-
taining about 950 Acres; aKo of a Tract in King William County, of 2000 Acres; that
he conceives it would be greatly to the Advantage of himfelf and his Pofterity to dock
the Entail of thofe Lands, on one of which he propofes to eftablifli a Town, and to
fettle in Lieu thereof a Tract of Land of which he is feized in Fee in Effex, containing
about 1380 Acres, with 53 Slaves to be annexed thereto, to the fame Ufes; and praying
that an Acft may pafs for that Purpofe.
Ordered, That a Bill be brought in purfuant to the Prayer of the faid Petition, and
it is referred to M'' Charles Carter to prepare and bring in the fame.
Several
[ II ]
Several Claims of John Pulltam, Thomas Lane, Abel Stears, William Simfon, John
Chiles, James Swain, Michael Thomas and Thomas Fitzpatrick, for taking up Slaves
therein mentioned, were feverally prefented to the Houfe and received, and referred
to the Confideration of the next Seflion of Affembly.
The Order of the Day being read.
The Hovife again refolved itfelf into a Committee to take into their further Con-
fideration the Govemour's Speech, together with the feveral Letters to the faid Com-
mittee referred ; and after fome Time fpent therein M"' Speaker refumed the Chair, and
M"" Charles Carter reported that the Committee had had the faid Speech and Letters
under their further Confideration, and gone through the fame, and had come to a
Refolution thereon, which he read in his Place, and then delivered in at the Table, where
it was again twice read, and agreed to by the Houfe, as follows:
Refolved, That the Sum of ;^ 150 be paid Meff. John Chifwell and Thomas Walker
each, in Confideration of their Services as Commiflioners appointed by the Govemour
to meet the Cherokee Indians on the Frontiers of this Colony.
Ordered, That the faid Refolve be engroffed, and that M'' Charles Carter do carry
it to the Council for their Concurrence.
A Petition of Philip Whitehead Claiborne, fetting forth that the late Mrs. Unity
Dandridge being feized of two Tradts of Land, one of 800 and the other of 400 Acres, in
Hanover, and alfo of a Tradl in King William of about 400 Acres, devifed the fame
to her Daughter Elizabeth, the Petitioner's Wife, for Life, with Power to difpofe thereof
to her Children in Fee ; that he conceives it would be greatly to the Advantage of him-
felf and Family if he was allowed to fell the two Tradls in Hanover, and to fettle a Tradl
whereof he is feized in Fee in Amelia, with fome Slaves, to be difpofed of by his Wife
according to the Power given her by the Will of the faid Unity Dandridge ; and praying
that an Adt may pafs for that Purpofe.
Alfo a Petition of John Weft, fetting forth that he is feized in Taille male of about
4000 Acres of Land in King William, contiguous to the Town of Delawar, commonly
called Weft Point, from which, as he has but few Slaves, he receives but little Profit,
and is greatly burthened with the Payment of Quitrents and Taxes for the fame ; that
it would be greatly to the Advantage of himfelf and his Pofterity, and aKo enable him
to provide for younger Children, if he was permitted to difpofe of Part of the faid Land,
and lay out the Money in the Purchafe of Slaves, to be annexed to the Refidue, to
defcend and pafs therewith to the fame Ufes ; and praying that an A(5t may pafs for
that Purpofe.
Alfo a Petition of William Todd, fetting forth that he is feized in Taille male of
feveral Tradts of Land in King and Queen, and has but a fmall Number of Slaves to work
the fame; that he has agreed with Bernard Moore, Gentleman, to fell him 390 Acres,
Part of the faid entailed Lands, for £ 292-ios. with which he intends to purchafe Slaves ;
and praying that an Adt may pafs to veft the faid 390 Acres in the faid Bernard Moore
in Fee, and to lay out the Money in the Purchafe of Slaves, to be fettled to the fame
Ufes as the faid entailed Lands, were feverally prefented to the Houfe and read.
Ordered, That Bills be brought in purfuant to the Prayers of the faid Petitions,
refpedtively ; and it is referred to M"" Pendleton to prepare and bring in the fame.
On a Motion made,
The Bill For further continuing the Regiment in the Service of this Colony was
read a fecond Time, and ordered to be committed to a Committee of the whole Houfe.
Refolved, That this Houfe will refolve itfelf into a Committee on the faid Bill To-
morrow.
A Petition of Jofeph Royle, fetting forth that by the Death of M"" Hunter the Office
of Printer to the General Affembly is become vacant, and praying that he may be
appointed to fucceed him therein; affuring the Houfe that he will exert himfelf on
all Occafions to merit their Approbation, in defpatching the publick Bufmels; was
prefented to the Houfe, and read.
Refolved, That the faid Jofeph Royle be appointed Printer to this Houfe.
Refolved
[ 12 ]
Refolved, That the faid Jofeph Royle be allowed the Sum of ;g 350 per Annum, to
continue to the End of the next Seffion of Affembly, as a full Confideration for printing
the Journals of the Houfe of Burgeffes, printing the Laws of each Seffion, and fending
13 Copies of them to every County Court Clerk, one of which to be half bound for the
Ufe of the Court; printing Infpedlors Notes and Books, Proclamations, and other
publick Advertifements.
Ordered, That the faid Refolve be engroffed, and that M^ Attorney do carry it up
to the Council for their Concurrence.
A Petition of fimdry Inhabitants of the Parifli of St. Anne, in theCoimtyof Albemarle,
fetting forth that before the Lines were run for dividing the faid Coimty, purfuant to
a late Adl of Affembly, and without any Notice given, the Sheriff of the faid County
affembled a few of his Neighbours to eledl a Veftry for the faid Parifh, and accordingly
they eledled a Veftry, feveral of whom were neither Freeholders nor Houfekeepers there ;
and praying that the faid Veftry may be diffolved, was prefented to the Houfe and
read, and referred to the Confideration of the next Seffion of the Affembly.
On a Motion made.
The Bill To empower the Veftry of the Parifh of Hanover, in the County of King
George, to fell their prefent Glebe Lands, and to lay out the Money in the Purchafe of
a more convenient Glebe, was read a fecond Time.
Ordered, That the faid Bill be engroffed, and read a third Time
On a Motion made.
Ordered, That M"" George Davenport be appointed Clerk to the Committee of Privi-
leges and Ele(5tions.
And then the Houfe adjourned until Tomorrow Morning, Eleven "'Clock.
7viba^. t^e 6tb of November, 2 (5eo. III. 1761.
MR Attorney reported that the Committee had, according to Order, waited on
the Govemour to know his Pleafure when this Houfe fhould attend him
with their Addrefs ; and that he was pleafed to appoint this Day, and to fay
that he would fignify by a Meffage to the Houfe when he was ready to
receive it.
M"^ Pendleton prefented to the Houfe, according to Order, a Bill To veft certain
Lands therein mentioned in Philip Whitehead Claiborne, Gentleman, in Fee Simple,
and for fettling other Lands and Slaves in Lieu thereof; and the fame was read the
firft Time, and ordered to be read a fecond Time.
M'' Landon Carter, from the Committee appointed, prefented to the Houfe, according
to Order, a Bill For regulating the Fees and Charges of Perfons pradticing in Phyfick, 12
Surgery and Midwifery, in this Colony; and the fame was read the firft Time, and
ordered to be read a fecond Time.
M'' Pendleton prefented to the Houfe, according to Order, a Bill To dock the Entail
of certain Lands whereof John Weft, Gentleman, is feized, and veft them in Truftees
to be fold, and for laying out the Money in the Purchafe of Slaves, to be fettled to the
fame Ufes.
Alfo a Bill To dock the Entail of certain Lands whereof Mann Page, Efq; is feized,
and for fettling other Lands and Slaves of greater Value to the fame Ufes; and the
faid Bills were feverally read the firft Time, and ordered to be read a fecond Time.
A Petition of fundry Inhabitants of the County of Frederick, fetting forth that one
Peter Stover had laid out a Parcel of his Lands in that County into Lots and Streets for
a Town ; and praying that an Adt may pafs for eftablifhing a Town on the faid Lands,
was prefented to the Houfe and read.
Ordered, That it be an inftrudtion to the Committee appointed to prepare and bring
in a Bill For eftablifhing the Town of Staunton, in the County of Augufta; that they
receive a Claufe or Clavifes, purfuant to the Prayer of the faid Petition.
A
[13]
A Petition of Alexander Waugh, Jtmior, fetting forth that, being a Lieutenant in
the Frontier Battalion in 1759, he was by his Honoiir the Govemour appointed to
recruit Men for the Cherokee Expedition in 1760, and having raifed 40 able bodied Men
marched them to the Place of Rendezvous; but being much fatigued in their March,
by the exceffive Heat of the Weather, and Major Lewis, then the Commanding Officer,
being very ftridt in receiving Recruits, eight of the Men he had enlifted were refufed ;
but on Colonel Byrd's Arrival at the Camp, and finding he received feveral Men refufed
by Major Lewis, the Petitioner endeavoured to retake the eight Men refufed, but met
with only two of them who were received : That the other fix, to whom he had advanced
the full Bounty of ^ 10 each, befides being at the Expenfe of recruiting and fubfifting
them to the Place of Rendezvous, got entirely off ; and praying that he may be reim-
burfed the faid Bounty and other Expenfes, deducting the Sum of £ 13, which has
been lince returned him by thofe Men, and which is all he has any Profpedt of getting
from them, was prefented to the Houfe and read.
Ordered, That the faid Petition be referred to M"" Pendleton, M"" Richard Henry Lee
and M"" Taylor; that they examine into the Allegations thereof, and report the fame,
with their Opinions thereon, to the Houfe.
A Petition of Michael Lynn, fetting forth that in the Year 1756, being one of the
Militia detached from Prince William he was wounded in an Engagement with a Party
of Indians on the South Branch, which has rendered him incapable of Labour, and that
he has moreover been at confiderable Expenfe in effedling a Ctire, was prefented to the
Houfe and read.
Ordered, That the faid Petition be referred to M'' Henry Lee and M'' William Cabell;
that they examine into the Allegations thereof, and report the fame, with their Opinions
thereon, to the Hovife.
Several Claims of William Tomlenion and Benjamin Clark, for taking up Runaways
therein mentioned, were prefented to the Houfe and received, and referred to the Con-
fideration of the next Seflion of Affembly.
The Order of the Day being read for the Hotife to refolve itfelf into a Committee
on the Bill For further continuing the Regiment in the Service of this Colony.
Refolved, That this Hovife will refolve itfelf into a Committee on the faid Bill To-
morrow.
Ordered, That M'' Woodhridge be added to the Committee of Privileges and Eledlions.
On a Motion made,
The Bill To dock the Entail of certain Lands whereof John Weft, Gentleman, is
feized, and veft them in Truftees, to be fold, and for laying out the Money in the Pur-
chafe of Slaves, to be fettled to the fame Ufes, was read a fecond Time, and committed
to M"' Pendleton, Mj Braxton, W Baylor, M"" Armiftead and M'' Richard Henry Lee.
On a Motion made.
The Bill To veft certain Lands therein-mentioned in Philip Whitehead Claiborne,
Gentleman, in Fee Simple, and for fettling other Lands and Slaves in Lieu thereof,
was read a fecond Time, and committed to M"" Pendleton, M'' Moore, M'' Braxton, M""
Wythe, M.^ Syme and M"" Greenhill.
A Meffage from the Govemour by M'' Walthoe.
W Speaker,
I am commanded by the Governour to acquaint this Houfe that his Honour is now
ready to receive their Addrefs in the Council Chamber.
M"" Speaker with the Houfe went up accordingly, and being returned reported that
he, with the Houfe, had attended the Govemour in the Covmcil Chamber, and pre-
fented the Addrefs of this Hoiife to him, to which his Honotur was pleafed to return the
following Anf wer :
M'
[ 14]
M'' Speaker, and Gentlemen of the Houfe of Burgeffes,
I return you my mo ft fincere Thanks for your affedionate Addrefs. To gain the
Efteem of Mankind, I confider as the greateft Source of human Blifs; and if I have been
fo happy as to attain this, it fhall be my conftant Endeavours to preferve it, by a uniform
Condiid of Integrity and Sincerety in my Adminiftration of your Affairs: And you may
be affured that I fhall never afk any Thing of you but what I fhall think conducive to his
Majefty's Service and the Welfare of this Colony the two great Points I have chiefly at
Heart.
And then the Houfe adjourned until Tomorrow Morning, Eleven "'Clock.
5atur6aY. t^e 7t^ of 5lovember, 2 <5eo. Ill 1761.
MR Pendleton prefented to the Hotife, according to Order, a Bill To veft cer-
tain entailed Lands therein mentioned in Bernard Moore, E£q ; in Fee Simple,
and for laying out the Value thereof in Slaves, to be fettled to the fame
Ufes;and the fame was read the firft Time, and ordered to be read a fecond
Time.
A Petition of M"" John Baylis, fetting forth that by an Adl paffed the laft Seffion
of Affembly, For enlarging the Town of Dumfries, in the Cotinty of Prince William,
Part of the Lands contiguous thereto, in the Poffeffion of M"" Bertrand Ewell, were taken
into the Limits of the faid Town, and vefted in the Truftees, and they were diredled
to pay the Money arifmg from the Sale thereof to the faid Ewell; that he had purchafed
thofe Lands of one George Hancock, and mortgaged them to him for the Payment of
the Purchafe Money at a certain Day, who had affigned the faid Mortgage to the Peti-
tioner for a valuable Confideration paid him; and that the faid Ewell, having failed
paying the Money, the Petitioner had before the paffmg of the faid Adl brought his Bill
in the General Court to foreclofe the Equity of Redemption ; and praying that, as he
has no other Security for his Debt, an Adl may pafs diredling the faid Truftees either
to retain the Money arifmg from the Sale of the faid Lands in their own Hands, or put
it out at Intereft on good Security until the Determination of the faid Suit in Chancery ;
was prefented to the Houfe and read.
Ordered, That a Bill or Bills be brought in purfuant to the Prayer of the faid Peti-
tion, and it is referred to M"" Landon Carter to prepare and bring in the fame.
M'' Pendleton reported that the Committee to whom the Petition of Alexander
Wangh, Junior, was referred had examined into the Allegations thereof, and found them
to be true, and had agreed on a Report, and come to a Refolution thereon, which he
read in his Place, and then delivered in at the Table, where the fame were again twice
read, and agreed to by the Houfe, as follow:
It appears to your Committee that the faid Alexander Waugh paid the fix Men in
his Petition mentioned the Sum of ;^ lo each for the Bounty allowed by Law, and that
he advanced the Sum oi £ i^ for the Expenfe of recruiting them, and for their Subfif-
tence from the Time of their Enliftment until they arrived at the Place of Rendezvous ;
that the faid Alexander Waugh hath fmce received ^ 13 in Part of the faid Bovinty
Money from fome of the faid fix Men, who neverthelefs threaten to fue him for the
Money fo returned, infifting they are entitled to the fame, as they were willing to fer\'e,
and were refufed by the Commanding Officer.
Refolved, That the faid Alexander Waugh ought to be paid the Sum of ;,£6o by the
Publick.
M'' Attorney, from the Committee of Privileges and Elec5lions, reported that the
Committee had had under their Confideration the Petition of M"" John Clack, to them
referred, complaining of an undue Eledtion and Return of M"" Ifaac Row Walton to
ferve as a Burgefs in this prefent General Affembly for the County of Brunfwick, and
had
[15]
had come to feveral Refolutions thereon, which lie read in his Place, and then deUvered
in at the Table; where they were again twice read, and agreed to by the Houfe, as
follow :
Refolved, That the Perfons who voted at the faid Eled;ion, whofe Freeholds are
queftioned either by the Petitioner or the fitting Member, be examined on Oath before
John Willis, Nathaniel Edwards, Nicholas Edmunds, Drury Stith and John Maclin,
of the faid Coimty of Brunfwick, Gentlemen, or any three of them, whether they be
Freeholders or not, except fuch of them as did fwear to their Freeholds at the faid
Eledtion.
Refolved, That the Petitioner and fitting Member be at Liberty to examine Wit-
neffes before the fame Perfons as to the Freehold of any Perfon who voted at the faid
Eledlion, although fuch Perfons fwore to their Freeholds at the Eledtion, or fhall fwear
to them at the Examination ; and that it be an Inftrudtion to the Perfons before whom
fuch Examinations are taken to examine how long fuch Voters have been in Poffeffion
of, and paid Qviitrents for, the Lands or Tenements in Right of which they \-oted at
the Eledtion, and that they return the Depofitions they fhall take to the next Seffion
of Affembly.
Refolved, That the Petitioner give to the fitting Member ten Days Notice of the
Time and Place when and where he intends to examine his Witneffes, alfo a Lift in
Writing of the Names of the Voters he intends to except to, diftinguifhing againft each
Name the feveral Heads of Exception, and that the fitting Member do the like to the
Petitioner.
Refolved, That the further Confideration of the faid Petition be referred to the next
Seffion of the Affembly.
M"- Attorney alfo reported that the faid Committee had had under their Confidera-
tion the Petition of M"- John Leigh, complaining of an undue Eledtion and Retiun of
M^ Peter Legrand, to ferve as a Burgefs in this prefent General Affembly, for the County
of Prince Edward, to them referred, and had come to feveral Refolutions thereon, which
he read in his Place, and then deHvered in at the Table, where they were again twice
read, and agreed to by the Houfe, as follow :
Refolved, That the Perfons who voted at the faid Eledtion, whofe Freeholds are
queftioned either by the Petitioner or fitting Member, be examined on Oath before
John Nafh the elder, Thomas Scott, John Morton, Henry Watkins and Abner Nafh, of
the faid Coimty of Prince Edward, Gentlemen, or any three of them, whether they be
Freeholders or not, except fuch of them as did fwear to their Freeholds at the Eledtion.
Refolved, That the Petitioner and fitting Member be at Liberty to examine Witneffes
before the fame Perfons as to the Freehold of any Perfon who voted at the faid Eledlion,
although fuch Perfons fwore to their Freeholds at the Eledlion, or fhall fwear to the
fame at the Examination ; and that it be an Inftrudlion to the Perfons before whom
fuch Examinations are taken, to examine how long fuch Voters have been in Poffeffion
of, and paid Quitrents for, the Lands or Tenements in Right of which they voted at the
Eledion, and that they return the Depofitions they fhall take to the next Seffion of Af-
fembly.
Refolved, That the Petitioner give to the fitting Member ten Days Notice of the
Time and Place when and where he intends to examine his Witneffes, alfo a Lift in
Writing of the Names of the Voters he intends to except to, diftinguifhing againft each
Name the feveral Heads of Exception, and that the fitting Member do the like to the
Petitioner.
Refolved, That the further Confideration of the faid Petition be referred to the next
Seffion of Affembly.
M-- Attorney alfo reported that the faid Committee had like wife had under their
Confideration the Petition of M'' James Wallace to them referred, complaining of an
undue Eledtion and Return of M-" William Wager to ferve as a Burgefs in this prefent
General Affembly for the County of Elizabeth City, and had come to feveral Refolutions
thereon, which he read in his Place, and then deHvered in at the Table, where the fame
were again twice read, and agreed to by the Houfe, as follow:
Refolved
[ i6]
Refolved, That the Perfons who voted at the faid Eledlion, whofe Freeholds are
queftioned either by the Petitioner or fitting Member, be examined on Oath before
John Tabb, Gary Selden, Charles Jennings, George Wray and James Balfour, of the faid
County of Elizabeth Gity, Gentlemen, or any three of them, whether they be Freeholders
or not, except fuch of them as did fwear to their Freeholds at the Eledion.
Refolved, That the Petitioner and fitting Member be at Liberty to examine Witneffes
before the fame Perfons as to the Freeholds or other Qualifications of any Perfon who
voted at the faid Eledtion, although fuch Perfons fwore to their Freeholds at the Eledion,
or fhall fwear to the fame at the Examination; and that it be an Inftrudtion to the
Perfons before whom fuch Examinations are to be taken to examine how long fuch
Voters have been in Poffeffion of, and paid Quitrents for, the Lands or Tenements in
Right of which they voted at the Eledlion, and that they return the Depofitions they
fhall take to the next Seffion of Affembly.
Refolved, That the Petitioner give to the fitting Member ten Days Notice of the
Time and Place and when and where he intends to examine his Witneffes, alfo a Lift
in Writing of the Names of the Voters he intends to except to, diftinguifhing againft
each Name the feveral Heads of Exception; and that the fitting Member do the like
to the Petitioner.
Refolved, That as well the Petitioner as the fitting Member be at Liberty to examine le
Witneffes before the fame Perfons as to the Sheriff's Agreement to defer clofmg the Pole
by the Confent of the Candidates, and afterwards to pof tpone it imtil Sunfetting ; and as
to his being informed, before he clofed the Pole, that two Freeholders were then on
their Way to the Court Houfe, and the Diftance they were from the Court Houfe when
the Pole was clofed, and as to the Time when the Pole was clofed ; and alfo to examine
the Reverend M'' Warrington, and the two Freeholders above mentioned, and any other
Witneffes, on Oath, as to their Intentions and Declarations to vote for any and which of
the Candidates.
Refolved, That the further Confideration of the faid Petition be referred to the
next Seffion of Affembly.
The Order of the Day being read.
The Houfe refolved itfelf into a Committee on the Bill For further continuing the
Regiment in the Service of this Colony ; and after f ome Time f pent therein M"" Speaker
refumed the Chair, and M'' Gharles Garter reported that the Committee had had the faid
Bill under their Confideration, and had made feveral Amendments thereto, which he
read in his Place, and then delivered in at the Table, where they were again twice read
and agreed to by the Houfe.
Ordered, That the faid Bill with the Amendments be engroffed, and read a third
Time.
A Petition of the Honourable Robert Carter, Efq ; fetting forth that he is feized in
Taille male of a Tradt of Land called Hudfon's of 500 Acres, on the Head of Nomony
River, in the County of Weftmoreland, on which he has made confiderable Improve
ments; and that he is alfo feized in Fee of 6030 Acres of Land on Bull Run, in Prince
William and Loudoun Counties: That it will be greatly to the Advantage of himfelf
and Family to be enabled to fell the faid Land called Hudfon's, thereby to raife Money
to difcharge fome Encumbrances on that and other entailed Eftates of the Petitioner's,
and to fettle fo much of the faid Bull Run Tradl in Lieu thereof as is of greater Value,
exclufive of the faid Improvements; and praying that an Adl may pafs for that Pur-
pofe, was prefented to the Houfe and read.
Ordered, That a Bill be brought in purfuant to the Prayer of the faid Petition, and
it is referred to M"" Wythe to prepare and bring in the fame.
A Bill For appointing a Treafurer was read a fecond Time, and ordered to be
committed to a Committee of the whole Houfe immediately.
The
[ 17]
The Houfe accordingly refolved itfelf into the £aid Committee, and after fome Time
fpent therein M' Speaker reftmied the Chair, and M^^ Charles Carter reported that the
Committee had had the faid Bill tmder their Confideration, but, not having Time to go
through the fame, they had diredted him to move for Leave to fit again.
Refolved, That this Houfe will again refolve itfelf into a Committee on the faid
Bill on Monday next.
A Petition of M"" Henry Peyton, complaining of an undue Eledlion and Return of
M'' John Baylis and M'' Henry Lee, to ferve as Burgeffes in this prefent General Affembly
for the County of Prince William, was prefented to the Houfe and read.
Ordered, That the faid Petition be referred to the Committee of Privileges and
Eledtions; that they examine into the Allegations thereof, and report the fame, with
their Opinions thereon, to the Houfe.
Several Claims of Thomas Chew, William Bell and John Mallory, for taking up
Rvmaways therein mentioned, were feverally prefented to the Houfe and received, and
referred to the Confideration of the next Seffion of Affembly.
17 M"" Chriftian from the Committee appointed, prefented to the Houfe, according to
Order, a Bill For eftablifhing the Town of Staunton, in the Coxmty of Augufta, and New
London, in the County of Bedford, and Strafburg in the County of Frederick; and the
fame was read the firft Time, and ordered to be read a fecond Time.
M'' Wythe prefented to the Houfe, according to Order, a Bill To dock the Entail of
certain Lands whereof Robert Carter, Efq ; is feized, and to fettle other Lands of greater
Value to the fame Ufes ; and the fame was read the firft Time, and ordered to be read a
fecond Time.
And then the Houfe adjourned until Monday Morning, Eleven "'Clock.
5Zlort6ar. t^e 9t^ of 5tovemb(tr, 2 (Beo. III. 1761.
AN Account and Claim of Captain Robert Brakenridge, for the Pay of a Company
of Militia draughted out of the County of Augufta, under his Command, was
prefented to the Houfe and received.
Ordered, That the fame be referred to M"" Wilfon and M' Syme; that they
examine the feveral Articles thereof by the proper Vouchers, and report the fame,
with their Opinions thereon, to the Houfe.
M'' London Carter prefented to the Houfe, according to Order, a Bill To explain and
amend an Adl, entitled An Ad • for further enlarging the Town of Dumfries, in the County of
Prince William ; and the fame was read the firft Time, and ordered to be read a fecond
Time.
A Petition of James Clarke, fetting forth that the laft Year he enlifted (under
recruiting Inftru(5tions from his Honour the Govemour) upwards of 40 Men, to each of
whom he advanced the ;^io Bounty allowed by Law; that two of the faid Recruits were
refufed, and five others deferted, for whom the Paymafter refufed to reimburfe him the
faid Bounty Money; and praying the Confideration of this Houfe therein, was prefented
to the Houfe and read.
Ordered, That the faid Petition be referred to M"" Attorney and M"" LeGrand; that
they examine into the Allegations thereof, and report the fame, with their Opinions
thereon, to the Houfe.
M'' Pendleton, from the Committee to whom the Bill To dock the Entail of certain
Lands whereof John Weft, Gentleman, is feized, and veft them in Truftees, to be fold,
and for laying out the Money in the Purchafe of Slaves, to be fettled to the fame Ufes,
was committed, reported that the Committee had examined into the Allegations thereof,
and found them to be true, but had made no Amendments thereto, and he deHvered the
faid Bill in at the Table.
Ordered
> Hening, VII, p. 424.
[ i8]
Ordered, That the faid Bill be engroffed, and read a third Time.
On a Motion made,
Ordered, That Leave be given to bring in a Bill To empower the Common Hall of
the City of Williamfburg to affefs fuch Taxes, from Time to Time, on the Inhabitants
thereof, as fhall be fufficient to anfwer all Charges and Expenfes for publick Buildings
and other Conveniencies ; and it is referred to M^ Attorney to prepare and bring in the
fame.
On a Motion made,
Ordered, That M' Jacob Wray be added to the Commiffioners, named in Saturday's
Refolution from the Committee of Privileges and Eledlions, for taking Depofitions
relative to M^ James Wallace's Petition, complaining of an undue Eledion and Return
of M' William Wager to fer\'e as a Burgefs in this prefent General Affembly for the
County of Elizabeth City.
The Order of the Day being read, is
The Houfe again refolved itfelf into a Committee on the Bill For appointing a
Treafurer; and after fome Time fpent therein M'' Speaker refumed the Chair and M''
Charles Carter reported that the Committee had had the faid Bill under their further
Confideration, and gone through the fame, and had made an Amendment thereto, which
he read in his Place, and then delivered in at the Table, where it was again twice read,
and agreed to by the Houfe.
Ordered, That the faid Bill, with the Amendment engroffed and read a third Time.
A Meffage from the Govemour by M"- Walthoe.
M.' Speaker,
The Govemour has commanded me to deliver to your Houfe an Addrefs from the
Officers of the Virginia Regiment, relative to their Memorial prefented to the la ft Affembly
in May 1760; alfo the Letters that his Honour has received this Fall from his Excellency
General Sir Jeffrey Amherft; together with two Letters from Colonel Stephen, enclofing a
Talk of fome of the Headmen of the Cherokee Indians, which came to Hand Yefterday.
Ordered, That the faid Letters lie on the Table, for the Perufal of the Members of
this Houfe.
And then the Houfe adjourned until Tomorrow Morning, Eleven "'Clock.
^ues5a^, tl)e lOt^ of ^^ovember. 2 (Beo. Ill 1761.
A Bill For regulating the Fees and Charges of Perfons practifmg in Phyfick, Surgery
and Midwifery, in this Colony, was read a fecond Time, and committed to
M"" Landon Carter, M"" Richard Lee, M"" Richard Henry Lee and M'' Walker.
On a Motion made,
Ordered, That Leave be given to bring in a Bill To enhance and more effectually to
fecure the Credit of the Paper Currency of this Colony ; and it is referred to M'' Richard
Henry Lee and M^ Wythe to prepare and bring in the fame.
A Claim of John Camp, Executor of George Camp, deceafed, for Provifions fumiflied
by the Teftator for fundry tributary Indians, was prefented to the Houfe and received,
and referred to the Confideration of the next Seffion of Affembly.
M"" Attorney, from the Committee of Privileges and Eledlions, reported that the
Committee had had under their Confideration the Returns of feveral Writs for eledling
Burgeffes to ferve in this prefent General Affembly, and had agreed on a Report and
come to feveral Refolutions thereon, which he read in his Place, and then delivered in at
the Table, where they were again twice read, and agreed to by the Houfe, as follows:
It appears to your Committee, by the Return of the Sheriff of Norfolk, that he could
not proceed to the Ele<5lion of Burgeffes for the faid County on the Day appointed for
that Purpofe, being obftru6led therein by the very heavy Rains which fell about that
Time, which carried away many Bridges over the Runs and Swamps in the faid County,
And
18
[19]
and thereby prevented the Inhabitants thereof from attending at the Time and Place
appointed for the faid Election .
Refolved, That an Addrefs be made to the Govemour to order a new Writ to iffue
for the eledting Burgeffes to ferve in this prefent General Affembly for the faid County
of Norfolk.
Refolved, That the Returns of the feveral Writs for eledting Burgeffes for the Coun-
ties of Albemarle, Amelia, Augufta, Amherft, Accomack, Bedford, Buckingham, Chefter-
field, Cumberland, Culpeper, Caroline, Charles City, Dinwiddie, Effex, Fairfax, Fatiquier,
Frederick, Gloucefter, Goochland, Hanover, Hampfhire, Halifax, Henrico, Ifle of Wight,
James City, King William, King and Queen, Louifa, Lancafter, Lunenburg, Middle f ex.
New Kent, Nanfemond, Northumberland, Northampton, Prince George, Prince William^
Prince Edward, Richmond, Stafford, Southampton, Surry, Spotfylvania, Suffex, and
York, and the Returns of the Writs for eledting Burgeffes for James Town and the
Borough of Norfolk, and the Return of the Writ for eledting a Citizen for the City of
Willianifburg, are made in the Form prefcribed by Law.
Refolved, That the Returns of the feveral Writs for eledting Burgeffes for the Covm-
ties of Brunfwick, Elizabeth City, King George, Loudoun, Orange, Princefs Anne, War-
wick and Weftmoreland, and the Return of the Writ for eledting a Burgefs for the College
of William and Mary, are not made in the Form prefcribed by Law.
Ordered, That the Returns of the feveral Writs mentioned in the laft Refolution be
amended by the Clerk at the Table.
A Bill To dock the Entail of certain Lands whereof Mann Page, Efq; is feized, and
for fettling other Lands and Slaves of greater Value to the fame Ufes ; was read a fecond
Time, and committed to M"" Attorney, M"" Synie, M"" Grymes, M'' Upfhaw, and the Members
for King William.
M"" Attorney prefented to the Houfe, according to Order, a Bill To empower the
Common Hall of the City of Williamfburg to affefs fuch Taxes, from Time to Time, on
the Inhabitants thereof, as fhall be fufficient to anfwer all Charges and Expenfes for
publick Buildings and other Conveniencies ; and the fame was read the firft Time, and
ordered to be read a fecond Time.
The feveral Letters Yefterday laid before the Houfe, by Command of his Honour the
Governour, were read.
An ingroffed Bill, entitled An Ad' for further continuing the Regiment in the Service
of this Colony, was read the third Time.
Refolved, That the faid Bill do pafs.
Ordered, That M"" Charles Carter do carry up the faid Bill to the Council for their
Concurrence.
A Claim of John Caldwell, for fix Days Hire of his Wagon and Horfes, employed in
the Service of the PubHck, was prefented to the Houfe and received.
Ordered, That the faid Claim be referred to M"" LeGrand and M^ Tabb ; that they
examine into the Juftice thereof, and report the fame, with their Opinions thereon, to
the Houfe.
And then the Houfe adjourned until Tomorrow Morning Eleven "'Clock.
X»e6ne56a?, t^e Utb of November, 2 (5eo. Ill 1761.
A Claim of Levin Powell, Affignee of William Atterbury, for taking up a Runaway
therein mentioned, was prefented to the Houfe and received, and referred
to the Confideration of the next Seffion of Affembly.
A Bill To veft certain Lands therein mentioned in Bernard Moore, Efq ;
in Fee Simple, and for laying out the Value thereof in Slaves, to be fettled to the fame
Ufes, was read a fecond Time, and committed to M^ Richard Henry Lee, M^ Adam
and M'' Armiftead.
Hening, VII, p. 4('.V
[ 20]
M' Richard Henry Lee, from the Committee appointed, prefented to the Houfe,
according to Order, a Bill To enhance, and more effedually to fecure, the Credit of the
Paper Currency of this Colony; and the fame was read the firft Time, and ordered to be
read a fecond Time.
M"" London Carter, from the Committee to whom the Bill For regulating the Fees
and Charges of Perfons pradifrng in Phyfick, Surgery and Midwifery, in this Colony,
was committed, reported that the Committee had made feveral Amendments thereto,
which he read in his Place, and then delivered the Bill with the Amendments in at the
Table, where the Amendments were again twice read, and agreed to by the Houfe.
Ordered, That the Bill with the Amendments be engroffed, and read a third Time.
A Bill To dock the Entail of certain Lands whereof Robert Carter, Efq; is feized,
and to fettle other Lands of greater Value to the fame Ufes, was read a fecond Time, and
committed to M'' Wythe and the Members of Weftmoreland, Loudoun, Fauquier and
Prince William.
W Attorney, from the Committee of Privileges and Eledlions, reported that the
Committee had had under their Confideration the Petition of M'' Henry Peyton to them
referred, complaining of an undue Eledlion and Return of M"" John Baylis and M'' Henry
Lee to ferve as Burgeffes in this prefent General Affembly for the County of Prince
William, and had come to two Refolutions thereon, which he read in his Place, and then
delivered in at the Table, where they were again twice read, and agreed to by the Houfe,
as follows:
Refolved, That the faid Petition be examined into before the Committee of the next
Seffion of Affembly, and that the Petitioner do fome Time before the next Seffion of
Affembly give to the fitting Members a Lift in Writing of the Names of the Voters he
intends to except to, diftinguifhing againft each Name the feveral Heads of Exception,
and that the fitting Member do the Hke to the Petitioner.
Refolved, That the further Confideration of the faid Petition be referred to the next
Seffion of Affembly.
M"" Attorney alfo reported that the Committee to whom the Petition of James Clark
was referred had examined into the Allegations thereof, and found them to be true, and
had come to two Refolutions thereon, which he read in his Place, and then delivered in
at the Table, where they were again twice read, and agreed to by the Houfe, as follow:
Refolved, That the faid James Clark ought to be allowed for John Blunt and Jofeph
Owen, two of the Recruits in the faid Petition mentioned, who were refufed, the Sum of
;£io each, being the Bounty advanced by him to them, and the further Sum of 30s. each,
being the Money allowed by Law for fubfifting them to the Place of Rendezvous.
Refolved, That the faid James Clark ought to apply to his Honour the Govemour
for the Bounty Money and Expenfes he was at in recruiting the five other Soldiers in the
faid Petition mentioned, who deferted before they arrived at the Place of Rendezvous.
Ordered, That M'' Hutchings wait on his Honour the Govemour with the Addrefs of
this Houfe, to defire he will order a new Writ to iffue for the eledling of Burgeffes to
ferve in this prefent General Affembly for the Coimty of Norfolk, purfuant to the Refo-
lution of the Committee of Privileges and Elecftions, agreed to by the Houfe Yefterday.
A Petition of James Gait, Keeper of the pubUck Gaol, praying that the ufual Salary
for the Maintenance of Criminals committed to the faid Gaol, which will expire at the
End of this Seffion of Affembly, may be continued, was prefented to the Houfe and
read.
Refolved, That the additional Sum of ;£i5 be paid to the faid James Gait every Year,
over and above his ufual Salary oi £2^.
Refolved, That 10 lb. of Tobacco per Day be allowed the faid James Gait for every
Criminal committed to the faid Gaol, during fuch Criminal's Imprifonment, from this
Time to the End of the next Seffion of Affembly.
M"' LeGrand reported that the Committee to whom the Claim of John Caldwell was
referred had examined into the fame, and found it to be jvift, and had come to a Refolu-
tion
20
21
22
[21 ]
tion thereon, which he read in his Place, and then delivered in at the Table, where it was
again twice read, and agreed to by the Hotife, as follows:
Refolved, That the faid John Caldwell ought to be allowed the Sum of £3. i8s. for
the Service of his Team, to be paid by the Publick.
A Memorial of the Officers of the Virginia Regiment, to the fame Purport as that
prefented to the Houfe at a Seffion of Affembly the 7"^ of March, 1760, and praying the
Confideration of the Houfe therein, and that a Provilion may be made for their Support
when the Regiment fhall be difbanded.
Alfo a Memorial of M'' William Peachey, fetting forth that he entered into the Service
of this Colony as an Officer in the Regiment in September 1755, and continued in the
Service vmtil February 1760, dtiring which Time, and efpecially for the two laft Years,
he fpent a great Deal more Money than the whole Amount of his Pay, which was not
fufficient to fupport him in the Rank of the Commiffion he bore, and praying the Confid-
eration of the Houfe therein, were feverally prefented to the Houfe and read.
Ordered, That the faid Memorials be referred to the Confideration of the next
Seffion of Affembly.
An engroffed Bill, entitled, An Ad^ to dock the Entail of certain Lands whereof John
Weft Gentleman, is feized, and veft them in Truftees, to be fold, and for laying out the
Money in the Purchafe of Slaves, to be fettled to the fame Ufes, was read the third Time,
and the Blanks therein filled up.
Refolved, That the Bill do pafs.
Ordered, That M'' Richard Henry Lee do carry up the faid Bills to the Council for their
Concurrence.
Ordered, That M'' Tabb be added to the Committee to whom the Bill To veft certain
Lands therein mentioned in Philip Whitehead Claiborne, Gentleman, in Fee Simple, and
for fettling other Lands and Slaves in Lieu thereof, is committed.
A Bill For eftablifhing the Towns of Staunton, in the County of Augufta, and New
London, in the Coimty of Bedford, and Strafburg, in the County of Frederick, was read a
fecond Time.
Ordered, That the faid Bill be engroffed, and read a third Time.
An engroffed Bill, entitled, An Ad' to empower the Veftry of theParifh of Hanover,
in the County of King George, to fell their prefent Glebe Lands, and to lay out the Money
in the Purchafe of a more convenient Glebe, was read the third Time.
Refolved, That the Bill do pafs.
Ordered, That M'' Charles Carter carry up the faid Bill to the Council for their Con-
currence.
A Bill To empower the Common Hall of the City of Williamfburg to affefs fuch
Taxes, from Time to Time, on the Inhabitants thereof, as fhall be fufficient to anfwer all
Charges and Expenfes for publick Buildings and other Conveniences.
Alfo a Bill To explain and amend an A61 for further enlarging the Town of Dumfries,
in the County of Prince William, were feverally read a fecond Time.
Ordered, That the faid Bills be engroffed, and read a third Time.
And then the Houfe adjourned until Tomorrow Morning, Eleven "'Clock.
Bburs^a^, t^e I2t^ of 5lovember, 2 <&eo. Ill 1761.
MR Wilfon reported that the Committee to whom the Claim of Robert Bracken-
dridge, late a Captain of a Company of MiUtia of the County of Augufta,
ordered out in adtual Service, in behalf of himfelf and the Officers and private
Men of the faid Company, was referred, had examined into the fame, and
come to a Refolution thereon, which he read in his Place and then delivered in at the
Table, where it was again twice read, and agreed to by the Houfe, as follows:
Refolved
> Hening, VII, p. 488, » Ihid.,Vll, p. 471
[ 22 ]
Refolved. That the Sum of £2Si-i8f. is due to the faid Company of Militia, at the
Rate allowed by Law, for the Time they continued in adtual Service, which ought to be
paid by the Publick.
A Meffage from the Council by M-- Walthoe.
That they have agreed to the Bill, entitled, An Adt ■ for further continuing the Regiment
in the Service of this Colony.
Alfo to the Bill, entitled, An Adt^' to empower the Veftry of the Parifh of Hanover, in
the County of King George, to fell their prefent Glebe Lands, and lay out the Money in
the Purchafe of a more convenient Glebe.
Alfo to the Bill, entitled. An Adl^ to dock the Entail of certain Lands whereof /o/t«
Weft, Gentleman, is feized, and veft them in Truftees, to be fold, and for laying out the
Money in the Purchafe of Slaves, to be fettled to the fame Ufes.
Alfo to the feveral Refolves of this Houfe for paying Jofeph Royle, Printer, a Salary
of £ 350 per Annum.
And for paying Meff. John Chifwell and Thomas Walker the Sum oi £ 150 each, for
the Services therein -mentioned.
An engroffed Bill, entitled. An Ad* to empower the Common Hall of the City of
Williamfburg to affefs fuch Taxes, from Time to Time, on the Inhabitants thereof, as fhall
be fufficient to anfwer all Charges and Expenfes for publick Buildings and other Convenien-
cies, was read a third Time.
Refolved, That the Bill do pafs.
Ordered, That M'' Attorney do carry up the faid Bill to the Council for their Concvu"-
rence.
M"" Wythe reported that the Committee to whom the Bill To veft certain Lands
therein mentioned in Philip Whitehead Claiborne, Gentleman, in Fee Simple, and for
fettling other Lands and Slaves in Lieu thereof, was committed, had examined into the
Allegations thereof, and found them to be true, and he delivered the faid Bill in at the
Table ; and an Amendment being propofed to the faid Bill, and agreed to.
Ordered, That the faid Bill, with the Amendment, be engroffed, and read a third
Time.
M'' Henry Lee reported that the Committee to whom the Petition of Michael Lynn
was referred had examined into the Allegations thereof, and fotmd them to be true, and
had come to a Refolution thereon, which he read in his Place, and then delivered in at
the Table, where it was again twice read, and agreed to, as follows:
Refolved, That the faid Michael Lynn ought to be allowed the Sum of ;,£ 1 5 , to be paid
by the Publick, as a full Satiffadlion for the Wounds he received in an Engagement with
the Indians on the South Branch of Potomack, in the Year 1756, and for the Expenfe he
was at in curing the fame.
M'' Attorney reported that the Committee to whom the Bill To dock the Entail of
certain Lands whereof Mann Page, Efq; is feized, and for fettling other Lands and
Slaves of greater Value to the fame Ufes, was committed, had examined into the Allega-
tions thereof, and found them to be true, and he delivered the Bill in at the Table.
Ordered, That the faid Bill be engroffed, and read a third Time.
An engroffed Bill, entitled. An Ad^ to explain and amend an Ad, entitled, An Ad
for further enlarging the Town of Dumfries, in the County of Prince William, was read the
third Time.
Refolved, That the Bill do pafs.
Ordered, That M'' London Carter do carry up the faid Bill to the Council for their
Concurrence.
A Claim of Richard Oglefby, for taking up a Slave therein mentioned, was prefented
to the Houfe and received, and referred to the Confideration of the next Seffion of
Affembly.
The
' Hening, VII. p. 463. 3 Ibid., VII, p. 488. s Ibid., VII, p. 472.
• IhiJ.. VII, p. 471. 4 Ibid., VII, p. 469.
[ 23 ]
The Houfe being informed that Howfcni Hooe, Gentleman, Sheriff, and Levin Powell,
Sub Sheriff, of the County of Prince William, did in the Execution of their Office, at the
late Election of Burgeffes for the faid County, behave in moft Inftances of their Conduft
throughout the whole Eledtion illegally and unjuftly, contrary to the Truft repofed in
them, and adted with the greateft Partiality in taking the Poll :
Ordered, That the faid Information be referred to the Confideration of the Committee
of Privileges and Elections ; that they examine into the Matter thereof, and report the
fame, with their Opinion thereon, to the Houfe.
A Bill To enhance, and more effedlually to fecure, the Credit of the Paper Currency
of this Colony, was read a fecond Time.
Ordered, That the faid Bill be engroffed, and read a third Time.
An engroffed Bill, entitled. An Ad' far eftablifhing the Towns of Staunton, in the
County of Augufta, and New London, in the County of Bedford, and Strafburg, in the
Cotmty of Frederick, was read the third Time, and the Blanks therein filled up.
Refolved, That the Bill do pafs.
Ordered, That M'' Attorney do carry up the faid Bill to the Council for their Con-
currence.
A Meffage from the Council by M"" Walthoe.
That they have agreed to the Bill, entitled, An Adl» to empower the Common Hall of the
City of Williamfburg to affefs fuch Taxes, from Time to Time, on the Inhabitants thereof,
as fhall be fufiicient to anfwer all Charges and Expenfes for publick Buildings and other
Conveniences, with fome Amendments, to which they defire the Concurrence of this Houfe.
And that they have agreed to the Bill, entitled An Adt^ to explain and amend an Adt,
entitled. An Adl for further enlarging the Town of Dumfries, in the County of Prince
William, without any Amendment.
The Hoiife immediately proceeded to the Confideration of the Amendments pro-
pofed by the Council to the Bill above mentioned, and the fame being read were agreed to.
Ordered, That M"" Attorney do go up with a Meffage to the Council, and acquaint
them therewith.
On a Motion made,
Ordered, That Leave be given to bring in a Bill For paying the Burgeffes Wages in
Money for this prefent Seffion of Affembly, and it is referred to M'' Cary and M"' Charles
Carter, Junior, to prepare and bring in the fame.
An engroffed Bill, entitled. An Ad* for appointing a Treafurer, was read a third
Time, and the Blanks therein filled up.
Refolved, That the Bill do pafs.
Ordered, That M"' Charles Carter do carry up the faid Bill to the Council for their
Concurrence.
And then the Houfe adjourned until Tomorrow Morning, Eleven "'Clock.
Tf-rldaY* tb<^ I3t^ of 5tovember. 2 (hao. Ill 176L
A Petition of fimdry Inhabitants of the Parifh of Truro, in the County of Fairfax,
in oppofition to a Petition for dividing the faid Parifh, was prefented to the
Hovife and read.
Refolved, That the faid Petition be referred to the Confideration of the
next Seffion of Affembly.
Several Claims of John Gladdin and Nathaniel Crawley, for taking up Runaways
therein mentioned, were prefented to the Hotife and received, and referred to the
Confideration of the next Seffion of Affembly.
M^
' Hening, VII, p. 473. ' Ibid., VII, p. 469. J Ibid., VII, p. 472. 4 Ibid., VII, p. 466.
C 24]
M"- Wythe, from the Committee to whom the Bill To dock the Entail of certain
Lands whereof Robert Carter, Efq ; is feized, and to fettle other Lands of greater Value
to the fame Ufes, was committed, reported that the Committee had examined into the
Allegations of the faid Bill, and found them to be true, and had made feveral Amend-
ments thereto, which he read in his Place, and then delivered the Bill with the Amend-
ments in at the Table, where the Amendments were again twice read, and agreed to by
the Houfe.
Ordered, That the Bill with the Amendments be engroffed, and read a third Time.
M' Richard Henry Lee reported that the Committee to whom the Bill To veft certain
entailed Lands therein mentioned in Bernard Moore, Efq ; in Fee Simple, and for laying
out the Value thereof in Slaves, to be fettled to the fame Ufes, was committed, had
examined into the Allegations of the faid Bill, and found them to be true, and he
delivered the faid Bill in at the Table.
Ordered, That the faid Bill be engroffed, and read a third Time.
An engroffed Bill, entitled, An Ad' to dock the Entail of certain Lands whereof M.a.nn
Page, Efq; is feized, and for fettling other Lands and Slaves of greater Value to the fame
Ufes, was read a third Time.
Refolved, That the Bill do pafs.
Ordered, That M"" Charles Carter do carry up the faid Bill to the Council for their
Concurrence.
M"' Cary prefented to the Houfe, according to Order, a Bill For paying the Burgeffes
Wages in Money for this prefent Seffion of Affembly ; and the fame was read the firft
Time, and ordered to be read a fecond Time.
An engroffed Bill, entitled. An Ad' to enhance, and more effedually to fecure, the credit
of the Paper Currency of this Colony, was read the third Time, and the Blanks therein
filled up.
Refolved, That the Bill do pafs. 25
Ordered, That M'' Richard Henry Lee do carry up the faid Bill to the Council for their
Concurrence.
A Meffage from the Govemour was delivered by M"" Walthoe.
M'' Speaker,
The Govemour has commanded me to deliver to your Houfe a Letter he had juft received
from the Honourable William Byrd, Efq;
And the faid Letter was read, and ordered to lie on the Table.
A Petition of John Broadrib, eldeft Son of Benjamin Broadrib, deceafed, to be Door-
keeper to this Houfe, praying that he may be appointed to fucceed his faid Father in that
Office, was prefented to the Houfe and read; and thereon
Ordered, That the faid John Broadrib be appointed a Doorkeeper to this Hotife, and
that he give his Attendance accordingly.
An engroffed Bill, entitled, An Ad^ to veft certain Lands therein mentioned in Philip
Whitehead Claiborne, Gentleman, in Fee Simple, and for fettling other Lands and Slaves
in Lieu thereof, was read the third Time.
Refolved, That the Bill do pafs.
Ordered, That M"" Wythe do carry up the faid Bill to the Coimcil for their Concurrence.
Ordered, That a Committee be appointed to examine the enrolled Bills of the follow-
ing Perfons: M"" Carrington, M"" Claiborne, M'' Cabel, and M'' Henry Lee.
An engroffed Bill, entitled, An Ad* to veft certain entailed Lands therein mentioned in
Bernard Moore, Efq; in Fee Simple, and for laying out the Value thereof in Slaves, to be
fettled to the fame Ufes, was read the third Time, and the Blanks therein filled up.
Refolved, That the Bill do pafs.
Ordered, That M' Richard Henry Lee do carry up the faid Bill to the Council for their
Concurrence.
On a Motion made,
Refolved
Hening. VII. p. 480. • Ibid., VII, p. 465. 3 Ibid., VII, p. 486. ♦ Ibid.. VII, p. 483.
26
[ 25]
Refolved, That the feveral Sums following be paid to the feveral Officers of the
General Affembly, refpedlively :
To John Randolph, Efq ; Clerk of the Hotife of Burgeffes £90
To Nathaniel Walthoe, Efq ; Clerk of the General Affembly 40
To the Reverend M'' Yates, Chaplain 20
To M'' George Davenport, Clerk of the Committee of Privileges and Eledlions 30
To M'' Francis Eppes, Sergeant at Arms 30
To the Doorkeeper of the Council 6
To John Broadrib . .
To James Lavie . . . .
To Thomas Francis
To Nathaniel Hix . .
Doorkeepers to the Houfe .
6
6
6
6
Ordered, That the faid Refolve be engroffed, and that M"" Richard Henry Lee do
carry it up to the Council for their Concurrence.
A Meffage from the Council by M"- Walthoe.
That they have agreed to the Bill, entitled. An Adl ' to enhance, and more effectually to
fecure, the Credit of the Paper Currency of this Colony.
Alfa to the Bill, entitled, An Adl^ to veft certain Lands therein mentioned in Philip
Whitehead Claiborne, Gentleman, in Fee Simple, and for fettling other Lands and Slaves
in Lieu thereof, without any Amendments.
And that they have agreed to the Bill, entitled, An Adt^ foreftablifhing the Towns of
Staunton, in the County of Augufta, and New London, in the Coimty of Bedford, and
Strafburg, in the County of Frederick, with an Amendment, to which they defire the Con-
currence of this Houfe.
The Houfe immediately proceeded to the Conlideration of the faid Amendment, and
the fame being read was agreed to.
Ordered, That M"" Attorney do go up with a Meffage to the Council, and acquaint
them therewith.
An engroffed Bill, entitled, An Ad* to dock the Entail of certain Lands whereof Robert
Carter, Efq; is feized, and to fettle other Lands of greater Value to the fame Ufes, was read
a third Time.
Refolved, That the Bill do pafs.
Ordered, That M"" Wythe do carry up the faid Bill to the Council for their Concurrence.
A Bill For paying the Burgeffes Wages in Money for this prefent Seffion of Affembly
was read a fecond Time, and committed to M"" Richard Henry Lee and M*" Cary.
And then the Houfe adjourned until Tomorrow Morning, Eleven "'Clock.
Saturday, l^e I4t^ 6ay of November, 2 <5eo. III. 1761.
A
Meffage from the Council by M"" Walthoe.
That they have agreed to the Bill, entitled, An Adts for appointing a Treafurer.
Alfo to the Bill, entitled, An Adt^ to dock the Entail of certain Lands
whereof Mann Page, Efq ; is feized, and for fettling other Lands and Slaves of greater
Value to the fame Ufes.
Alfo to the Bill, entitled, An Adt7 to dock the Entail of certain Lands whereof
Robert Carter, Efq; is feized, and to fettle other Lands of greater Value to the
fame Ufes.
Alfo
■ Hening, VII, p. 465. 3 Ibid., VII, p. 473- = Ibid., VII. p. 466. ' Ibid., VII, p. 478-
» Ibid., VII, p. 486. * /6»d.,VII, p. 478. « Ibid., VII, p. 480.
[ 26 ]
Alfo to the Bill, entitled. An Adt- to veft certain entailed Lands therein mentioned in
Bernard Moore, Efq ; in Fee Simple, and for laying out the Value thereof in Slaves, to be
fettled to the fame Ufes.
Alfo to the Refolve For paying the Officers Salaries for this prefent Seffion of Affembly.
Several Claims of Charles Reeve, William Symmonds, Jofeph Warwick and Samuel
Meredith, for taking up Runaways therein mentioned, were feverally prefented to the
Houfe and received, and referred to the Confideration of the next Seffion of Affembly.
M'' Cary, from the Committee to whom the Bill For paying the Burgeffes Wages in
Money for this prefent Seffion of Affembly, was committed, reported that the Committee
had made feveral Amendments thereto, which he read in his Place and then delivered the
Bill with the Amendments in at the Table, where the Amendments were again twice
read, and agreed to by the Houfe.
Ordered, That the Bill with the Amendments be engroffed, and read a third Time.
An engroffed Bill, entitled, An Ad' for paying the Burgeffes Wages in Money for this
prefent Seffion of Affembly, was read the third Time.
Refolved, That the Bill do pafs.
Ordered, That M' Cary do carry up the faid Bill to the Council for their Concurrence.
On a Motion made, 27
Refolved, That the Burgeffes for the County of Amherft be allowed for fix Days, for
Buckingham five, and for Fauquier four Days, for travelling to and from the General
Affemblies.
A Meffage from the Council by M'' Walthoe.
That they have agreed to the Bill, entitled. An Adt^ for paying the Burgeffes Wages in
Money for this prefent Seffion of Affembly.
M"" Carrington reported that the Committee appointed had, according to Order,
examined the enrolled Bills, and re<5lified fuch Miftakes as were found therein, and they
were truly enrolled.
Ordered, That M"" Carrington do carry up the enrolled Bills to the Council, for their
Infpedlion.
A Meffage from the Council by M' Walthoe.
That they have infpeded the enrolled Bills, and are fatiffied they are truly enrolled.
A Meffage from the Govemour was delivered by M'' Walthoe.
M" Speaker, and Gentlemen of the Houfe of Burgeffes,
The Govemour commands your immediate Attendance in the Council Chamber, and
that you bring with you fttch Bills and Refolves as are ready for his Affent.
yi^ Speaker with the Houfe went up accordingly, and the Govemour was pleafed
to give his Affent to the following Bills :
1. *An Ad for further continuing the Regiment in the Service of this Colony.
2. ^ For appointing a Treafurer.
3. '' To enhance, and more effedually to fecure, the Credit of the Paper Currency of this
Colony.
4. 7 For eftablifhingthe Town of Staunton, in the County of Augufta; and New London,
in the County of Bedford; and Strafbiirg, in the County of Frederick.
5. *ro empower the Common Hall of the City of Williamfburg to affefs fuch Taxes,
from Time to Time, on the Inhabitants thereof, as fhall be fufficient to anfwer all Charges
and Expenfes for publick Buildings and other Conveniencies.
For
• HeninK, VII, p. 483. t Ibid., VII, p. 476 5 Ibid., VII, p. 460. ? Ibid., VII, p. 473-
' /^t<^-, VII, p. 476. A Ibid., VII, p. 463 t, Ibid.. VII, p. 465. s Ibid., VII, p. 469.
[ 27]
6. 'For paying the Burgeffes Wages in Money for this prefent Seffion of Affembly.
7. 'To empower the Veftry of the Parifh of Hanover, in the County of King George, to
fell their prefent Glebe Lands, and to lay out the Money in the Purchafe of a more convenient
Glebe.
8. •To dock the Entail of certain Lands whereof Robert Carter, Efq; is feized, and to
fettle other Lands of greater Value to the fame Ufes.
9. *To veft certain entailed Lands therein mentioned in Bernard Moore, Efq; in Fee-
Simple, and for laying out the Value thereof in Slaves, to be fettled to the fame Ufes.
10. ^To dock the Entail of certain Lands whereof Mann Page, Efq; is feized, and fen-
fettling other Lands and Slaves of greater Value to the fame Ufes.
11. * To veft certain Lands therein-mentioned in Philip Whitehead Claiborne, Gentle-
tnan, in Fee-Simple, and for fettling other Lands and Slaves in Lieu thereof.
12. 7 7^0 dock the Entail of certain Lands whereof John Weft, Gentleman, is feized, and
veft them in Truftees, to be fold, and lay out the Money in the Purchafe of Slaves, to be
fettled to the fame Ufes.
13. ^To explain and amend an Ad, entitled. An Ad for further enlarging the Town
of Dumfries, in the County of Prince William.
The Govemour aKo gave his Affent to the following Refolves :
I. A Refolve For paying the Officers Salaries for this prefent Seffion of Affembly.
2g 2. A Refolve for paying Jofeph Royle, Printer, a Salary of £t,$o per Annum.
3. A Refolve For paying Mefs. John Chifwell and Thomas Walker the Sum of £1^0
each, for the Services therein-mentioned.
And then his Honour was pleafed to clofe the Seffion with the following Speech :
Gentlemen of the Council, M' Speaker, and Gentlemen of the Houfe of Burgeffes,
Having given my Affent to all the Bills you have prepared for me, I fhall now difmifs
you; after giving you my Affurance that I will difpofe of the Regiment agreeably to the Ad
now pa f fed for that Purpofe. I fhall order the Accounts of the Provifion and Carriage for
the Year 1760 to be got ready for Colonel Byrd to prefent to the General, as he propofes;
and fhall write to Them both to endeavor to procure the Payment thereof.
M' Speaker, and Gentlemen of the Houfe of Burgeffes,
It is neceffary for me to explain a Part of my Condud towards your Houfe, which was
the fending down all the Letters I had received from Sir Jefifery Amherft relating to this
Campaign, after you had taken the Matter of his laft Letter into your Confideration. I did
this to obviate a falfe and fcandalous Rumour, which has too much prevailed without Doors,
that I had received a Letter from Sir Jeffery Amherft, in which he had given up our Regi-
ment, as having no more Ufe for it, though I did not think proper to produce the Letter.
For Fear this fhould have any Influence on your Deliberations, and obftrud your good
Intentions to comply with the Defires of the General, I thought it proper to take this Step.
Reports of fuch a Nature tend to alienate the Minds of his Majefty's Subjeds from him and
his Government, and are of a moft pernicious Confequence: I therefore hope you will always
difcourage and difcountenance the Authors and Propagators of fuch falfe News. And I
can with Juftice appeal to yourfelves whether you have, at any Time, found me backward in
communicating any Thing to you which could give you any Infight into the Bufinefs I
recommended to your Confideration.
Gentlemen of the Council and of the Houfe of Burgeffes,
There is Nothing left for me now to do but to prorogue you, and you are accordingly
prorogued to Thurfday the 10"' of December next.
■ Hening, VII, p. 476. 3 Ibid., VII, p. 478. s Ibid., VII, p. 480. ' Ibid., VII, p. 488.
2 Ibid., VII, p. 471. 4 Ibid., VII, p. 483. « Ibid.. VII, p. 486. » Ibid., VII, p. 472-
JOURNAL
of the
House of Burgesses
1762
January Seffion
Burgeffes.
Accumac
Albemarle
Amelia
Amherft
Augiifta
Bedford
Bnmfwick
Buckingham
Caroline
Charles City
Chefterfield
The College
Culpeper
Cumberland
Dinwiddie
Elizabeth City
Effex
Fairfax
Fauquier
Frederick
Gloucefter
Goochland
HaHfax
Hampfliire
Thomas Parramore
Southey Simpfon
Thomas Walker
John Fry
David Greenhill
Thomas Tabb
William Cabell
Cornelius Thomas
Ifrael Chriftian
John Wilfon
William Callaway
John Talbot
Ifaac Rowe Walton
William Thornton
Robert BoUing
Jofeph Cabell
♦Edmund Pendleton
John Baylor
Benjamin Harrifon
WiUiam Kennon
♦Archibald Car}'
Richard Eppes
Mann Page
James Barbour
John Field
♦George Carrington
♦John Fleming
Robert Boiling
Leonard Claiborne, Jr.
♦George Wythe
♦William Wager
John Upfhaw
John Lee
George Johnfton
John Weft
Thomas Marfhall
Thomas Harrifon
George Wafhington
♦George Mercer
John Page
Thomas Whiting
John Payne
Jolias Payne
Nathaniel Terry
Robert Wade
James Keith
Thomas Rutherford
Hanover
Henrico
Ifle of Wight
James City
Jameftown
King & Queen
King George
King WiUiam
Lancafter
Loudotm
Louifa
Lunenburg
Middlefex
Nanfemond
New Kent
Norfolk
Norfolk Borough
Northampton
Northumberland
Orange
Prince Edward
Prince George
Prince WiUiam
Princefs Anne
Richmond
John Syme
Nathaniel Weft Danridge
Philip Mayo
Bowler Cocke
James Bridger
Jofeph Bridger
Lewis BurweU
Philip Johnfon
Edward Champion Travis
♦John Robinfon
John Pendleton
Charles Carter
Charles Carter, Jr.
Bernard Moore
Carter Braxton
Charles Carter
Richard MitcheU
Francis Lightfoot Lee
James Hamilton
WiUiam Johnfon
Thomas Johnfon
Clement Reade
Henry Blagrave
John Smith
♦Ralph Wormeley
Leonard Riddick
WiUis Riddick
Gill Armiftead
Richard Adams
WiUiam Bradley
Thomas Veal
Jofeph Hutchings
John Harmanfon
Thomas Dalby
Richard Hull
Spencer Ball
James Taylor
James Walker
Peter Legrand
Abner Nafh
♦Richard Bland
Richard Bland, Jr.
Henry Lee
John Baylis
Anthony Walke
Edward Hack Mofeley
Landon Carter
John Woodbridge
♦Not fhown by the Journal to have been prefent during the Affembly.
Southampton Jofeph Gray
Benjamin S. Symmons
Spotfylvania Fielding Lewis
♦Benjamin Grymes
Stafford William Fitzhugh
Thomas L. Lee
Sxirry Hartwell Cocke
Henry Browne
Siiffex David Mafon
John Edmtinds
[32 ]
Warwick
*William Digges
William Harwood
Weftmoreland *Richard Henry Lee
Richard Lee
Williamfburg *Peyton Randolph
York Dudley Digges
Thomas Nelfon, Jr.
*Not fhown by the Joximal to have been prefent during the Affembly.
Changes in the Perfonnel, 1762.
January Seffion.
Henrico Philip Mayo succeeded William Randolph
King & Queen John Pendleton fucceeded George Braxton
Northampton Richard Hull fucceeded Prefley Thornton
JOURNAL
of the
House of B
A
OUSE OF DURGESSES
Z5bur56a?, l^e I4t^ of TJanuarY* 2 (Beo* III 1762,
Meffage from the Govemour was delivered by M'' Walthoe.
M'' Speaker, and Gentlemen of the Houfe of Burgeffes,
The Govemour commands the immediate Attendance of your Houfe in
the Council Chamber.
Accordingly M'' Speaker, with the Hoiife, went up to attend the Govemour.
And being returned, reported that he, with the Houfe, had attended the Govemour
in the Cotincil Chamber, where his Honour had been pleafed to make a Speech to the
Covmcil and this Houfe, of which he had, to prevent Mif takes, obtained a Copy ; which
he read to the Houfe, and afterwards deUvered in at the Table, where it was again read,
and is as follows :
Gentlemen of the Council, M"" Speaker, and Gentlemen of the Houfe of Burgeffes,
My Duty to his Majefty, whofe Servant I am, and my Attention to the Welfare of
this Colony, over which I have the Honour to pre fide, have jointly confpired to induce me
to call you together at this Time; that I might make you acquainted with the Steps I have
taken towards the difbanding the Regiment, agreeably to the Ad of Affembly paffed laft
Seffion for that Purpofe, and at the fame Time communicate to you fome Letters I have
received on that Subjed.
On the Rifing of the laft Seffion of Affembly, I immediately fent Orders to Colonel
Stephen, the Officer Commandant, to march the Regiment inwards to Stahlnaker's, where
I thought the Men could be more eafily and plentifully provided for, than at their Camp
at the Big Ifland, there to wait for the authentick Account I every Day expeded to receive
of the Conclufion of the Peace; and on the Receipt of a Letter from Colonel Stephen, giving
me an Account that Conocotocho, or the Standing Turkey, the great Warriour of the Chero-
kees, was arrived in his Camp with the Articles of Peace agreed on by Lieutenant-Govern-
our Bull and the Chiefs of the Cherokee Nation, and had fent down to me a Belt of Peace
of white Wampum; I took the Advice of the Honourable the Council affigned me by his
Majefty, who agreed with me in Opinion that this was fufficient Authority for me to ad
on, though I had not then, nor have yet, received the Confirmation of the Peace from Gov-
emour Bull. In Confequence of this Advice, I immediately fent Orders to Colonel Stephen
to march the whole Regiment to Fort Lewis, where he fhould meet the Orders to difband it,
according to the Time thofe Orders went from me; and by the Hardnefs of the Seafon the
Regiment cannot yet have reached that Poft, fo that not a Day has been yet loft, or the Colony
put to any Expenfe which could be faved.
Sir Jeffery Amherft, in a Letter I have received from him on the Siibjed of our Regi-
ment, has fully convinced me that I fhoidd not do my Duty to his Majefty, in promoting
to
[ 34]
to the littnoft of my Power his Service, recommended to me by his Commander in Chief
in thefe Parts, if I fhould not refer it to your Confideration before I took on me to difband
the Regiment. His Reafons why that Meafure fhould not be haftily entered on carry fuch
a Degree of Weight and Solidity with them as deferve your moft ferious Attention; which
I hope, and inake no Doubt, but you will give them.
The Letters and Papers which can give you any Information on this Matter I fhall
now lay before you.
M' Speaker, and Gentlemen of the Houfe of Burgeffes,
In the providing for the Continuation of any Expenfe you may judge neceffary for
the Security of the Colony, and the Honour of his Majefty, I can only point out to you that
Care and Tendernefs for the People which you have hitherto always fhown, in an exemplary
Manner, on fimilar Occafions.
Gentlemen of the Council and of the Houfe of Burgeffes,
I have Nothing more to recommerui to you at prefent; and that you may proceed with
Defpatch, I fhall very willingly difpenfe with any Forms, which regard myfelf only, that
may detain you from immediately entering on the Bufinefs now referred to you, and for
the Confideration of which you are now called together to meet in this General Affembly.
M"" Speaker aKo reported that the Govemour had delivered to him the feveral Letters
from Sir Jeffery Amherft and Colonel Stephen mentioned in his Speech, alfo a general
State of M'' Abercrombie's Accovmt with this Colony to be laid before the Houfe; and
the faid Letters were read, and ordered to lie on the Table.
Refolved, That this Hoxafe will take the Govemour's Speech into Confideraton
Tomorrow.
Ordered, That the Reverend M'' William Yates be continued Chaplain to this Houfe,
and that he attend to read Prayers every Morning at Ten o 'Clock.
Ordered, That the feveral Doorkeepers be continued in their refpedlive Offices, and
that they give their Attendance accordingly.
A Petition of fundry Inhabitants of the upper Part of the County of King and Queen,
praying that the faid County may be divided, and Part thereof added to the County
of Caroline, by certain Lines therein particularly expreffed, was prefented to the Houfe
and read, and referred to the Confideration of the next Seflion of Affembly.
And then the Houfe adjourned until Tomorrow Morning Eleven "'Clock
IFviba^, t^e I5t^ of 'SanuarY. 2 (Beo, III 1762.
Two Members returned on new Writs, having taken the Oaths appointed by
Adl of Parliament to be taken inftead of the Oaths of Allegiance and Supre-
macy, and taken and fubfcribed the Oaths of Abjuration, and aKo fubfcribed
the Teft, were admitted to their Places in the Houfe.
Several Claims of Humphrey Burdett, Martin Vaughan, John Miller, Junior, Jofias
Plunket, Thomas Smith, Ambrofe Bullard, Samuel Allen, Thomas Loyd, Charles Burton
and Jeffe Burton, for taking up Rimaways therein mentioned, were feverally prefented
to the Houfe and received, and referred to the Confideration of the next Seffion of
Affembly.
The Order of the Day being read, for the Houfe to refolve itfelf into a Committee
on the Govemour's Speech.
Ordered, That the feveral Letters Yefterday laid before the Houfe, and ordered
to Ue on the Table, be referred to the Confideration of the faid Committee.
Then the Houfe refolved itfelf into the faid Committee; and after fome Time
fpent therein, M-- Attorney reported that the Committee had had the faid Speech and
Letters
[35]
Letters under their Conlideration, and gone through the fame, and had come to a Ref-
olution thereon, which he read in his Place, and then delivered in at the Table, where
the fame was again twice read, and agreed to by the Houfe, as follows :
Refolved, That the Adt paffed the laft Seffion of Affembly, entitled, An Ad' for
further contimdng the Regiment in the Service of this Colony, ought to be amended.
Ordered, That a Bill or Bills be brought in, purfuant to the faid Refolution; and
it is referred to M'' Richard Henry Lee, M"" Bland, M"" Fleming and M"" Pendleton, to prepare
and bring in the fame.
A Petition of James Gait, Keeper of the publick Gaol, praying that his vifual Allow-
ance for maintaining the Prif oners committed to the faid Gaol, which will expire at the
End of this Seffion of Affembly, may be further continued, was prefented to the Houfe
and read, and thereon
Refolved, That the additional Stun of £ 1 5 be paid to the faid James Gait every Year,
over and above his ufual Salary of ;^ 25.
Refolved, That 10 lb. of Tobacco per Day be allowed to the faid James Gait for
every Criminal committed to the faid Gaol, during fuch Criminal's Imprifonment, from
this Time to the End of the next Seffion of Affembly.
A Petition of Richard Johnfton, praying to be reimburfed by the Publick for the
Bounty-Money and Expenfes by him paid for enlifting and conveying to the Place of
Rendezvous three Men by him recruited for the Frontier Battalion, who were refufed
by the Commanding Officer, amounting in the Whole to ;£ 37. 155. was prefented to the
Houfe and read.
Ordered, That the faid Petition be referred to M"" Pendleton, M"" Grymes and M'
Mercer; that they examine into the Allegations thereof, and report the fame, with their
Opinions thereon, to the Houfe.
And then the Houfe adjourned until Tomorrow Morning, Eleven "'Clock.
Saturday, t^e 161^ of 'Sanuarp, 2 <5eo. III. 1762.
A Claim of William Keeling, Sheriff of Princefs Anne County, for tranfporting a
Runaway Slave from the County acrofs the Bay to Northampton Coimty.
Alfo feveral Claims of Almorene Bryan and Conftantine Rock, for taking
up Runaways therein mentioned.
Alfo a Claim of John Vance, for a Mare and Bridle, valued at £ ii. 5. o impreffed
into his Majefty's Service by Order of Colonel Byrd, and which were never returned him ;
were feverally prefented to the Houfe and received, and referred to the Confideration
of the next Seffion of Affembly.
M"" Richard Henry Lee, from the Committee appointed, prefented to the Houfe,
according to Order, a Bill To amend an A<5t entitled. An Ad'' for further continuing the
Regiment in the Service of this Colony; and the fame was read the firft Time, and ordered
to be read a fecond Time.
M'^ Pendleton reported that the Committee to whom the Petition of Richard Johnfton
was referred had, according to Order, examined into the Allegations thereof, and had
agreed on a Report, and come to a Refolution thereon, which he read in his Place, and
then delivered in at the Table, where they were again twice read, and agreed to by the
Houfe, as follow :
It appears to your Committee that the faid Richard Johnfton recruited the three
Men in his Petition named, and paid them the Bounty Money of £ 10 each, and marched
and fubfifted them to the Place of Rendezvous, for which he has received no Satiffadlion,
as the faid three Men were refufed by Major Lewis; that the faid three Men were able-
bodied young Men, and as fit for the Service as many others that were received by
Colonel Byrd, after being refufed by Major Lewis.
Refolved
■ Hening, VII, p. 463. ' Ibid., VII, p. 463.
[ 36]
Refolved, That the faid Richard Johnfton ought to be allowed by the Publick the
Sum of ;£ 37. 15. o for the Bounty paid the faid three Men, the Trouble and Expenfe
of enlifting them, and their Subfiftence to the Place of Rendezvous.
A Petition of William Jenkins, fetting forth that he has been employed in the
Service of the PubHck as an Exprefs from the Begininng of the War to this Time, and
has dif charged his Duty therein with his utmoft Care and Fidehty ; that in the Courfe
of that Time he has loft a great Number of Horfes of confiderable Value, and although
he was by Agreement (when he firft engaged in that Service) to fumifh his own Horfes,
yet he hopes the Houfe will make him fome Allowance for his Loffes, efpecially as he
was often fent to Places far remote from Winchefter, which was to be his furtheft Stage
out; and praying alfo fome Provifion for his future Support and Maintenance, being
now old and infirm, was prefented to the Houfe and read.
Ordered, That the faid Petition be referred to M'' Richard Henry Lee and M"" Attorney;
that they examine into the Allegations thereof, and report the fame, with their Opinion
thereon, to the Houfe.
On a Motion made.
The Bill To amend an Adt, entitled, An Ad^ for further continuing the Regiment in
the Service of this Colony, was read a fecond Time ; and the Queftion being put, that the
faid Bill be engroffed and read a third Time,
It paffed in the Negative.
Refolved, That the faid Bill be rejedted.
A Petition of fundry Inhabitants of the Cotmty of Effex, praying that an Adl may
pafs for eftablifliing a Town on the Land of one T hennas Ley, near Lay ton's Warehoufe,
in the faid County, was prefented to the Hovife and read.
Ordered, That the faid Petition be referred to the Confideration of the next Seffion
of Affembly.
On a Motion made,
Refolved, That an humble Addrefs be prefented to his Honour the Govemour, to
return him the Thanks of this Houfe for his affedtionate Speech at the Opening of this
Seffion ; to exprefs the grateful Senfe we have of his conltant Attention to the Welfare
of this Colony, and in particular for the adtive Care he has taken towards having the
Regiment difbanded when he fhould receive authentick Intelligence of a Peace being
concluded with the Cherokee Indians, agreeable to the Intention of the Adt of Affembly ;
but at the fame Time humbly to give it as our Opinion that the Regiment fhould not be
difbanded, until he fliall receive a Notification of fuch Peace from the Govemour of
South Carolina, which we do not doubt but he will endeavour to procure by the moft
fpeedy and effedlual Method.
Ordered, That an Addrefs be drawn up purfuant to the faid Refolution; and it is
referred to M"" Bland, M'' Richard Henry Lee and M"" Pendleton, to prepare and bring in
the fame.
On a Motion made.
The Houfe proceeded to the Confideration of the Memorial of the Officers of the
Virginia Regiment, which was prefented to the Houfe the 7*'' Day of March, 1760, and
has been referred over by the feveral Seffions of Affembly fmce that Time to the Con-
fideration of this Seffion ; and the fame being read,
Refolved, That the faid Memoral be referred to the Confideration of a Committee
of the whole Houfe.
Refolved, That this Houfe will refolve itfelf into a Committee on the faid Memorial
on Monday next.
On a Motion made,
Ordered, That all fuch Claims and Propolitions as were referred from the laft Seffion
of Affembly, and alfo all fuch Claims and Propofitions as fhall be certified to this Seffion
of Affembly, be referred to the Confideration of the next Seffion of Affembly; and
further, that all Depofitions of Witneffes taken or to be taken, in Purfuance of feveral
Orders
' Hening, VII, p. 463.
[37]
Orders of the Houfe at the laft Seffion, concerning any controverted Ele(5tion, and which
were returnable to this Seffion, be returned to the next Seffion of Affembly.
On a Motion made,
Ordered, That M"" David Wilfon Curie be added to the Commiffioners appointed
to take Depofitions of Witneffes on the Petition of M'' James Wallace, complaining of
an tmdue Eledtion and Return of M'' William Wager to ferve as a Burgef s in this prefent
General Affembly for the County of Elizabeth-City.
On a Motion made,
Ordered, That a Bill or Bills be brought in, to revive the feveral Adls of Affembly
of this Colony, For preventing Mutiny and Defertion; and it is referred to M'' Cary
and M'' Pendleton to prepare and bring in the fame.
The Houfe proceeded to the Confideration of M"" Abercrombie's Account againft
this Colony, which was laid before the Houfe by the Govemour's Command on Thurfday
laft ; and the feveral Articles thereof being read, it was thereon
Refolved, That it be an Inftrudtion to the Committee appointed to con-efpond with
the Agent for this Colony in Great Britain, to defire him to fettle the faid Account with
M'' Abercrombie, and to allow him only One and a Half per Cent, for his Commiffions on
the Receival and Difburfement of the Money he received at the Exchequer for the Ufe
of this Colony, and to difallow the Article mentioned in the faid Account, as fo much
retained by him for Expenfes of having his two Accounts paffed at the different Offices,
and for obtaining a Quietus.
And then the Houfe adjourned until Monday Morning, Eleven "'Clock.
5llon6a^. tl)e ISt^ of laxixxax^. 2 (5eo. III. 1762.
A Claim of Daniel Coleman, for taking up a Runaway therein mentioned, was
prefented to the Houfe and received, and referred to the Confideration of
the next Seffion of Affembly.
M'' Bland reported that the Committee appointed had, according to Order,
prepared an Addrefs to the Govemour, purfuant to the Refolution of the Houfe on Sat-
urday laft ; which he read in his Place, and then deHvered in at the Table, where the
fame was again twice read, and with an Amendment agreed to, and is as follows :
Sir.
We his Majefty's dutifid and loyal Subjeds, the Burgeffes of Virginia, now met in
General Affembly, return your Honour our Thanks for your affedionate Speech at the
Opening of this Seffion .
The Experience we have had of your conftant and vigilant Attention to the Welfare of
this Colony, fo eminently diftinguifhing your Adminiftration, demands from us the moft
fincere Returns of Duty and Gratitude; and the Meafures you have taken towards difband-
ing the Regiment, agreeably to the laft Ad of Affembly, by which the Colony will be relieved
from the great Expenfe of fupporting a military Force, are only frefh Inftances that the
Happinefs and true Intereft of the People are the governing Motives of your Condud.
At the fame Time that we make thefe Acknowledgments, permit us, Sir, humbly to lay
before you our Opinion that although the Neceffity of keeping up the Regiment will not
fubfift longer than the Ratification of the Peace with the Cherokee Indians is certainly known,
yet it ought not to be difbanded until you fhall receive a Notification that fuch Peace is fidly
confirmed; which, we doubt not, you will endeavour to procure by the moft fpeedy and
effedual Methods.
Ordered, That the faid Addrefs with the Amendment be fairly tranfcribed, and
prefented by the Committee who prepared the fame.
M'' Richard Henry Lee reported that the Committee to whom the Petition of William
Jenkins was referred had, according to Order, examined into the Allegations thereof,
and
[ 38]
and agreed on a Report and come to a Refolution thereon, which he read in his Place,
and then delivered in at the Table, where they were again twice read, and agreed to by
the Hotife, as follow :
It appears to your Committee that the faid William Jenkins has been engaged in
the Service of the Publick, as an Exprefs, from the Beginning of the War to this Time ;
and has, during that Time, been often charged with large Sums of the publick Money,
which he had faithfully delivered, and in every Inftance difcharged his Duty with Care
and Fidelity.
It alfo appears to your Committee, by the Oath of the faid William Jenkins, that 9
in the Courfe of his faid Service he has loft 1 1 Horfes and Mares, valued in the Whole
to £77. 145.
Refolved, That the faid William Jenkins ought to be allowed fome Compenfation
for his faid Loffes, and for his FideHty in the Execution of his Ofifice.
On a Motion made,
Refolved, That the Sum of £100 be paid by the Publick to the faid William
Jenkins, as a Compenfation for his Loffes and Services in the faid Report mentioned.
Ordered, That the faid Refolve be engroffed, and that M"" Richard Henry Lee carry
it up to the Council for their Concurrence.
M'' Cary, from the Committee appointed, prefented to the Hovife, according to
Order, a Bill For reviving and further continuing the feveral Adls of Affembly of this
Colony for preventing Mutiny and Defertion, and for other Purpofes therein mentioned ;
and the fame was read the firft Time, and ordered to be read a fecond Time.
The Order of the Day being read.
The Houfe refolved itfelf into a Committee, to confider of the Memorial of the
Officers of the Virginia Regiment; and after fome Time fpent therein, M"" Speaker
ref tuned the Chair and M'' Attorney reported that the Committee had had the faid
Memorial imder their Confideration, but not having Time to go through the fame they
had dire(5ted him to move for Leave to fit again.
Refolved, That this Houfe will again refolve itfelf into a Committee on the faid
Memorial Tomorrow.
And then the Houfe adjourned until Tomorrow Morning, Eleven "'Clock.
Bue56aY» t^c I9tb of TJanuar^. 2 <5eo. Ill 1762,
A Bill For reviving and further continuing the feveral Adts of Affembly of this
Colony for preventing Mutiny and Defertion, and for other Purpofes therein-
mentioned, was read the fecond Time.
Ordered, That the faid Bill be engroffed, and read a third Time.
A Claim of Zachariah Taylor, for taking up a Rimaway therein mentioned, was
prefented to the Houfe and received, and referred to the Confideration of the next
Seffion of Affembly.
A Petition of Jofeph Royle, praying that his Salary as Printer to this Houfe which
will expire at the End of this Seffion of Affembly, may be continued, was prefented to
the Houfe and read, and thereon
Refolved, That the Sum of £ 350 per Annum be allowed to the faid Jofeph Royle,
Printer, to continue to the End of the next Seffion of Affembly, as a full Confideration
for printing the Journals of the Houfe of Burgeffes, printing the Laws of each Seffion
and fending thirteen of them to every County Court Clerk, one of which to be half bound
for the Ufe of the Court, printing Infpedlors Notes and Books, Proclamations, and other
pubHck Advertifements.
Ordered, That the faid Refolve be engroffed, and that M^ Attorney do carry it up
to the Council for their Concurrence.
The Order of the Day being read.
The Houfe again refolved itfelf into a Committee on the Memorial of the Ofificers
of the Virginia Regiment ; and after fome Time fpent therein, M' Speaker refumed the
Chair
[39]
10 Chair, and M'' Attorney reported that the Committee had had the faid Memorial under
their further Confideration, and had come to two Refolutions thereon, which he read
in his Place, and then delivered in at the Table, where the fame were again twice read,
and agreed to by the Houfe, as follow :
Refolved, That fome Recompenfe fhould be made to the Officers of the Virginia
Regiment for their Bravery, and the Hardfhips they have undergone in the Service
of the PubHck.
Refolved, That on difbanding the faid Regiment each commiffioned Officer fhall
receive a Sum equal to one Year's Pay.
Ordered, That a Bill or Bills be brought in purfuant to the faid Refolutions, and it
is referred to M'' Attorney, M'' Pendleton, M'' Richard Henry Lee, M'' Wormeley and M''
Bland, to prepare and bring in the fame.
Ordered, That it be an Inftru(5lion to the faid Committee to receive a Claufe or
Claiifes for appropriating fo much Money now remaining in the Hands of the Treafurer,
or that may hereafter come into the Treafury, arifmg from Bills of Exchange drawn or
to be drawn in Purfuance of the Adt for appointing Perfons to receive the Money granted
or to be granted by the Parliament of Great Britain to his Majefty for the Ufe of this
Colony, as will be fufficient to anfwer the Purpofes mentioned in the faid Refolutions.
An engroffed, Bill entitled. An Ad' for reviving and further continuing the feveral
Ads of Affembly of this Colony for preventing Mutiny and Defertion, was read a third
Time.
Refolved, That the Bill do pafs.
Ordered, That M"" Cary do carry up the faid Bill to the Council for their Concurrence.
M"' Bland reported that the Committee appointed had, according to Order, waited
on the Govemour with the Addrefs of this Houfe, to which his Honour was pleafed to
fay he would return an Anfwer Tomorrow.
M'' Attorney, from the Committee appointed, prefented to the Houfe, according
to Order, a Bill For giving a Recompenfe to the Officers of the Virginia Regiment ; and
the fame was read the firft Time, and ordered to be read a fecond Time.
On a Motion made.
Ordered, That Leave be given to bring in a Bill For paying the Burgeffes Wages in
Money for this prefent Seffion of Affembly, and it is referred to M'' Pendleton to prepare
and bring in the fame.
On a Motion made.
The Bill For giving a Recompenfe to the Officers of the Virginia Regiment was
read a fecond Time, and committed to M'' Wythe and M"" Richard Henry Lee.
A Petition of Thomas Baillie, fetting forth that in the Year 1759, he being then a
Soldier of the Virginia Regiment, was taken Prifoner by a Party of Indians, amongft
whom he remained a Captive near two Years, and at Length made his Efcape; and
praying to be allowed his Pay, as well before as after his being taken, and fome Recom-
penfe for the Hardfhips he endured during his Captivity, was prefented to the Houfe
and read.
Ordered, That the faid Petition lie on the Table.
And then the Houfe adjourned until Tomorrow Morning, Eleven "'Clock.
u
We6nes6aiP. t^e 20t^ of ^anuar^, 2 (&eo. III. 1762.
MR Attorney informed the Houfe that the Govemour had defired him to lay
before them an Account of Lieutenant William Woodford's, for conducing a
Party of Cherokee Indians to this City, amounting to ;£2 5. i. 6, and he
delivered the fame in at the Table ; where, being read, it was
Refolved, That the Treafurer of this Colony be direded to pay the fame to the faid
William Woodford.
On a Motion made,
Refolved
' Hening, VII, p. 491.
[4o]
Refolved, That a Sum, not exceeding £ 200, be paid by the Treafurer of this Colony
into the Hands of his Honoiir the Govemour, to be laid out in Prefents for the Cherokee
Indians, if his Honour fhall think proper to make them any.
M"" Wythe reported that the Committee to whom the Bill For giving a Recompenfe
to the Officers of the Virginia Regiment, was committed, had made an Amendment
thereto, which he read in his Place, and then delivered the Bill with the Amendment
in at the Table, where the Amendment was again twice read, and agreed to.
Ordered, That the Bill with the Amendment be engroffed, and read a third Time.
A Meffage from the Council by M'' Walthoe,
That they have agreed to the Bill, entitled, An A61 ■ for reviving and further continuing
the feveral Ads of Affembly of this Colony for preventing Mutiny and Defertion, and
for other Purpofes therein mentioned, with an Amendment, to which they defire the
Concurrence of this Houfe.
The Houfe immediately proceeded to the Confideration of the faid Amendment,
and the fame being read was dif agreed to.
Ordered, That M'' Cary go up with a Meffage to the Council, and acquaint them
that this Houfe cannot agree to the Amendment by them propofed to the faid Bill,
and defire they will pafs the Bill without the faid Amendment.
On a Motion made,
Refolved, That the feveral Sums following be paid to the feveral Officers of the
General Affembly, refpedlively:
To John Randolph, Efq ; Clerk of the Hotife of Burgeffes, ;£ 50
To Nathaniel Walthoe, Efq ; Clerk of the General Affembly, 25
To the Reverend M"" Yates, Chaplain, 15
To M'' Francis Eppes, Sergeant at Arms 20
To M"' George Davenport, for his Services this Seffion, 10
To the Doorkeeper of the Council, S
To James Lavie,.. ..^ f 5
To Thomas Francis, [ ^ ..i, u r J 5
To Nathaniel Hix,.. [ Doorkeepers to the Houfe. ^^ ^
To John Broadrib,. . ] L 5
To Mrs. Gait, for cleaning the Houfe of Burgeffes, 5
Ordered, That the said Refolve be engroffed, and that M'' Richard Henry Lee do
carry it up to the Coiincil for their Concurrence.
A Meffage from the Govemour was delivered by M'' Walthoe.
That his Honour had commanded him to deliver to the Houfe his Anfwer in Writing
to their Addrefs.
And the fame was read, and is as follows : 12
M'' Speaker, and Gentlemen of the Houfe of Burgeffes,
I return you my hearty Thanks for your kind Addrefs, and you may rely on my taking
the moft fpeedy Methods of procuring authentick Intelligence of the Ratification of the Peace
fuppofed to he made with the Cherokee Indians; and as I am extremely defirous of anfwer-
ing the Expedations of your Houfe, in every Inftance which does not interfere with my Duty
to his Majefty, it would have been very agreeable to me if you had explained yourfelves more
fully as to what Information you fhould think fatif factory and full to the Point on which
I might difband the Regiment.
M' Pendleton, prefented to the Houfe, according to Order, a Bill For paying the
Burgeffes Wages in Money for this prefent Seffion of Affembly ; and the fame was read
the firft Time, and ordered to be read a fecond Time ; and
On a Motion made.
The faid Bill was accordingly read a fecond Time.
Ordered, That the faid Bill be engroffed, and read a third Time.
An
• Hening, VII, p. 491.
[41 ]
An engroffed Bill, entitled, An Ad^ for giving a Recompenfe to the Officers of the
Virginia Regiment, was read a third Time.
Refolved, That the faid Bill do pafs.
Ordered, That M-- Attorney do carry up the faid Bill to the Council for their Con-
currence.
An engroffed Bill, entitled, Am Ad' for paying the Burgeffes Wages in Money for
this prefent Seffion of Affembly, was read the third Time, and the Blanks therein filled up.
Refolved, That the Bill do pafs.
Ordered, That M"" Pendleton do carry up the faid Bill to the Council for their Con-
currence.
A Meffage from the Council by M' Walthoe.
That they have agreed to the Bill, entitled, An Adts for giving a Recompenfe to the
Officers of the Virginia Regiment.
Alfo to the Bill, entitled, iVn Adl* for paying the Burgeffes Wages in Money for this
prefent Seffion of Affembly.
Alfo to the Refolve of this Ho^ife for paying the Officers Salaries for this prefent Seffion
of Affembly.
Alfo to the Refolve for paying William Jenkins the Sum of £ loo, for the Services
therein mentioned.
Alfo to the Refolve for continuing the Printer's Salary.
And that they infift on the Amendment by them propofed, and difagreed to by this
Houfe, to the Bill, entitled, An A<ft5 for reviving and further continuing the feveral Adls
of Affembly of this Colony for preventing Mutiny and Defertion, and for other Purpofes
therein mentioned.
The Hoiofe proceeded to take into Confideration the Amendment infifted on by
the Council to the Bill, entitled, An Ad^ for reviving and further continuing the feveral
Ads of Affembly of this Colony for preventing Mutiny and Defertion, and for other purpofes
therein-mentioned; and the fame was read, and again difagreed to.
Refolved, That this Houfe do infift on their Difagreement to the faid Amendment.
Ordered, That M"" Gary do go up with a Meffage to the Coimcil and acquaint them
therewith, and that this Hoiofe defire they will pafs the Bill without the faid Amendment.
13 Ordered, That the Petition of Thomas Baillie, Yefterday prefented to the Houfe,
and ordered to lie on the Table, be referred to M'' Mercer and M'' Richard Henry Lee;
that they examine into the Allegations thereof, and report the fame, with their Opinions
thereon, to the Houfe.
A Meffage from the Coimcil by M"" Walthoe,
That they adhere to their Anie-ndnient difagreed to by this Houfe to the Bill, entitled,
An Adt7 for reviving and ftirther continuing the feveral Adls of Affembly of this Colony
for preventing Mutiny and Defertion, and for other Purpofes therein mentioned.
On a Motion made,
Ordered, That Leave be given to bring in a Bill For preventing Mutiny and Defertion,
and other Purpofes, and it is referred to M"" Attorney to prepare and bring in the fame.
M"" Attorney accordingly prefented the faid Bill; and the fame was read the firft
time, and ordered to be read a fecond Time immediately.
The faid Bill was accordingly read a fecond Time.
Ordered, That the faid Bill be engroffed, and read a third Time.
And the faid Bill was immediately engroffed, and read a third Time.
Refolved, That the Bill do pafs.
Ordered, That M'" Attorney do carry up the faid Bill to the Coimcil for their Con-
currence.
And then the Houfe adjourned until Tomorrow Morning, Eleven "'Clock.
• Hening, VII, p. 492. 3 Ibid., VII, p. 492. s Ibid., VII, p. 49i- ' Ihid., VII, p. 491.
a Ibid., VII, p. 493. 4 Ibid.. VII, p. 493. * Ibid., VII, p. 502.
A
[42 ]
'Cl)ur56a^. tl)e 2I5I of 'UanuarY* 2 (&eo. III. 1762.
Meffage from the Council by M"' Walthoe,
That they have agreed to the Bill, entitled. An Adl " for preventing Mutiny and
Defertion, and other Purpofes.
Ordered, That a Committee be appointed to examine the enrolled Bills of the follow-
ing Gentlemen : M'' William Digges, W Carrington and M"' Fleming.
M^ Mercer reported that the Committee to whom the Petition of Thomas Baillie
was referred had examined into the Allegations thereof, and found them to be true,
and had come to a Refolution thereon, which he read in his Place, and then delivered
in at the Table, where the fame was again twice read, and agreed to by the Houfe, as
follows :
Refolved, That the faid Thomas Baillie ought to be allowed the Arrears of Pay due
to him to the Time of his being taken and carried into Captivity by the Indians, to be
paid by the Paymafter of the Virginia Regiment, and that he ought alfo to be allowed
the Sum of ;^ 35, as a full Compenfation for the Hardfhips he endured during his Con-
finement amongft the Indians, and the Refidue of his Pay.
M"" William Digges reported that the Committee appointed had, according to Order,
examined the enrolled Bills and rectified fuch Miftakes as were foimd therein, and that
they were truly enrolled.
Ordered, That M'' Digges do carry up the enrolled Bills to the Council for their
Infpedtion.
A Meffage from the Council by M' Walthoe,
That they have infpeded the enrolled Bills, and are fatiffied they are truly enrolled.
A Meffage from the Govemour was delivered by M'' Walthoe,
M'' Speaker and Gentlemen of the Houfe of Burgeffes,
The Govemour commands the immediate Attendance of your Houfe in the Council
Chamber, and that you bring with you fuch Bills and Refolves as are ready for his Affent.
W Speaker with the Houfe went up accordingly, and the Govemour was pleafed
to give his Affent to the following Bills :
1. An Ad^ for preventing Mutiny and Defertion, and other Purpofes.
2. ^For giving a Recompenfe to the Officers of the Virginia Regiment.
3. *For paying the Burgeffes Wages in Money for this prefent Seffion of Affembly.
Alfo to the following Refolves :
For paying the Salaries of the Officers of the Geyieral Affembly.
For continuing the Printer's Salary.
And for paying William Jenkins the Sum of £ 100, for the Services therein mentioned.
And then his Honour was pleafed to prorogue the Affembly to the 2d Tuefday in April
next.
14
' Hening. VII, p. 502. ^ Ibid., VII, p. 502. -' Ibid., VII, p. 49^- * l^i^- VII, p. 493-
JOURNAL
of the
House of Burgesses
1762
March Sefiion
Burgeffes.
Accomac
Albemarle
Amelia
Amherft
Augufta
Bedford
Brunfwick
Buckingham
Caroline
Charles City
Chefterfield
The College
Culpeper
Cumberland
Dinwiddle
Elizabeth City
Effex
Fairfax
Faxiquier
Frederick
Gloucefter
Goochland
Halifax
Hampfhire
Thomas Parramore
Southey Simpfon
♦Thomas Walker
*John Fry
David Greenhill
Thomas Tabb
♦WilHam Cabell
Cornelius Thomas
Ifrael Chriftian
John WiKon
William Callaway
John Talbot
Ifaac Rowe Walton
William Thornton
Robert Boiling
*Jofeph Cabell
*Edmimd Pendleton
John Baylor
Benjamin Harrifon
William Kennon
*Archibald Cary
Richard Eppes
Mann Page
James Barbour
John Field
*George Carrington
*John Fleming
Robert Boiling
♦Leonard Claiborne, Jr.
George Wythe
William Wager
John Upfhaw
John Lee
*George Johnfton
John Weft
Thomas Marfhall
Thomas Harrifon
George Wafhington
*George Mercer
John Page
Thomas Whiting
John Payne
Jofias Payne
Nathaniel Terry
Robert Wade
James Keith
Thomas Rutherford
Hanover
Henrico
IQe of Wight
James City
Jameftown
King & Queen
King George
King William
Lancafter
Loudoun
I^ouifa
Lunenburg
Middlefex
Nanfemond
New Kent
Norfolk
Norfolk Borough
Northampton
Northumberland
Orange
Prince Edward
Prince George
Prince William
Princefs Anne
John Syme
Nathaniel Weft Dandridge
Philip Mayo
*Bowler Cocke
*James Bridger
Jofeph Bridger
Lewis Burwell
Philip Johnfon
Edward Champion Travis
*John Pendleton
♦John Robinfon
♦Charles Carter
Charles Carter, Jr.
Bernard Moore
Carter Braxton
♦Charles Carter
Richard Mitchell
Francis Lightfoot Lee
James Hamilton
William Johnfon
Thomas Johnfon
Clement Reade
Henry Blagrave
John Smith
Ralph Wormeley
♦Lemuel Riddick
♦Willis Riddick
Gill Armiftead
Richard Adams
♦William Bradley
Thomas Veal
Jofeph Hutchings
John Harmanfon
Thomas Dalby
Richard Hull
Spencer Ball
James Taylor
James Walker
Peter Legrand
Abner Nafh
♦Richard Bland
Richard Bland, Jr.
♦Henry Lee
John Baylis
Anthony Walke
Edward Hack Mofeley
♦Not fhown by the Journal to have been prefent during the Affembly.
[46]
Richmond
Southampton
Spotfylvania
Stafford
Surry
*Landon Carter
John Woodbridge
*Jofeph Gray
Benjamin Synimons
Fielding Lewis
Benjamin Grymes
William Fitzhugh
Thomas L. Lee
*Hartwell Cocke
Henry Browne
Suffex
Warwick
Weftmoreland
Williamfburg
York
David Mafon
John Edmunds
*William Digges
William Harwood
Richard Henry Lee
Richard Lee
* Peyton Randolph
Dudley Digges
Thomas Nelson, Jr.
♦Not fhown by the Journal to have been prefent during the Affembly.
JOURNAL
of the
House of B
A
OUSE OF OURGESSES
Cu4s6oj. tl)e 30tb of 5Uarc^, 2 <Bco. III. 1762.
Meffage from the Govemour was delivered by M"" Walthoe.
M"" Speaker, and Gentlemen of the Houfe of Burgeffes,
The Governor commands the immediate Attendance of your Houfe in the
Council Chamber.
Accordingly M'' Speaker, with the Houfe, went up to attend the Govemour.
And being returned, reported that the Houfe had attended the Govemour in the
Council Chamber, and that he was pleafed to make a Speech to the Cotmcil and this
Houfe, of which he had, to prevent Miftakes, obtained a Copy; which he read to the
Houfe, and afterwards delivered it in at the Table, where it was again twice read, and
is as follows :
Gentlemen of the Council, M"" Speaker, and Gentlemen of the Houfe of Burgeffes,
The great Regard I pay to every Act of General- A ffembly, and the earneft Defire I
had of eafing this Colony from the Expenfes neceffarily attending a State of War {as foon
as I thought it could be done with fecurity) made me take the fir ft Opportunity of difbanding
the Regiment. This Opportunity was afforded me by a Letter I received from hts Excel-
lency Thomas Boone, Efq; lately appointed by his Majefty to the Government of South
CaroUna, to advife me of his having taken the Adminiftration of the Affairs of that Province
into his Hands, and of his having found the Peace with the Cherokee Indians ratified when
he arrived in the Colony. Without waiting for the return of my Meffenger, fent into Caro-
lina for this very Purpofe, I immediately fent up Orders and Money to pay the Men, accord-
ing to the Senfe of the laft Ad paffed for the Provifion of them; though I muft at the fame
time confefs, that I moft ardently wifhed to have been able to have kept the Regiment on Foot,
until his Majefty' s Pleafure was made known to me, as to what Affiftance he fhould require
from his Colonies to profecute the War with Vigour for the enfuing Campaign. This
Requifition is now come; and I fhall immediately lay before you for your Deliberation the
Letters I have received from the Earl of Egremont, one of his Majefty's principal Secre-
taries of State, making this Requifition ; and from Major-General Sir Jefifery Amherft,
enforcing it. This is the Bufinefs on which I have called you together; and I moft earneftly
hope that you will not fuffer my Attention to the Intereft of this Colony, and my Eagernefs
to take that Burthen from off your Shoulders, of the Weight of which you have fo long com-
plained, to become a Caufe of impeding or obftruding his Majefty's Service at this Crifis.
I too well know that the Expenfes of War are grievous, and burthenfome; but fuch is the
prefent Condition of Mankind, that this unhappy State muft on fame Occafions be entered
into, to procure future Safety and Security, by an honourable and lafting Peace. All this
I fhall refer to your Confideration; with only adding, that I have the ftrongeft Reafons to
affure you, Gentlemen, that his Majefty's Service requires I fhould be particularly urgent
with you on the prefent Occafion.
Over
[48]
Over and above the Troops required front you to be kept in the Pay of the Colony, his
Majefty has direded me to demand a certain Quota of Men to be raifed by this Colony, to be
incorporated into the Regiments on the Britifh Eftablifhment now in America, in Order to
recruit and fully complete the fame. The number demanded from you, the Terms on which
they are to be enlifted, and the Encouragement they will receive, are fully explained to you
in a Letter from his Majefty's Commander in Chief, which will now be laid before you.
His Majefty has this Meafure fo much at Heart, as abfolutely neceffary to put his Forces
on a refpedable Footing, and enable them to ad. on the Off en five, and has recommended it
by his Secretary of State in fo forcible Terms, that, convinced as I am of your fteady Zeal,
Loyalty and Attachment, to his royal Per f on and Government, it would be the higheft Pre-
fumption in me to attempt to add weight thereto, by any Arguments of my own: And I can-
not doubt but that you will exert yourfelves to the utmoft, and fo approve yourfelves thofe
faithful and loyal Subjeds the be ft of M anarchs expeds to find you.
An artful Man might perhaps have witholden this la ft Requifition until you have com-
plied with, or refufed, the former; but Artifices of this Kind have never made any Part in
my Plan of Government: I know to whom I am now applying; I know that Sincerity, Open-
nefs and Candour, will obtain that from you which you would deny to Cunning and Con-
trivance; fuch is the Condud which I have always obferved to you, and which I have always
found returned to me in the moft ample, grateful and fatiffadory Manner.
W Speaker, and Gentlemen of the Houfe of Burgeffes,
I can never recommend to you the granting Supplies without refleding on the large Sums
this Colony has already granted, and feeling for the People whenever I have Occafion to make
any Demands on them, however neceffary they may be; but I hope the Example of our
Mother-Country, annually raifing many Millions to fupport a War at fir ft entered into, and
now profecuted, for the Defence and future Security of her Colonies, will influence you to
tread in her Steps as far as your Ability will give you Leave. Let us for a Moment refled
what would have been the State of this Colony if she had pleaded Poverty and Inability. I
have this Satiffadion left me that I am ftire, from paft Experience, you will provide for what
Expenfes you fhall judge neceffary and expedient on the eafieft Terms.
Gentlemen of the Council and of the Houfe of Burgeffes,
In order to proted the Trade of this Colony, I have the Pleafure to inform you that Wil-
liam Manwaring, Efq; Commander of his Majefty's Ship Arundel, is ftationed on this
Coaft, to defend it from the Infults and Attacks of any Enemy whatfoever.
Nothing now remains for me to fay but to recommend to you Adivity, Unanimity and
Def patch, which I do with great Fervency and Sincerity ; for, whether we confider the advan-
cing Seafon of the Year, the doubtful Situation Sir Jeffery Amherft muft be in, from which
he would be glad to be relieved, or whether we confider the approaching Bufinefs of the Gen-
eral Court, all Reafons concur, both publick and private, general and particular, to render
Expedition neceffary.
The Declaration of War againft Spain, which has been brought into this Colony by the
Commander of one of his Majefty's Sloops of War, and was fent to me Yefterday in the
Evening, will explain to you my Motives for preffing you to comply with all that his Maj-
efty requires from you, on which Subjed I could not fpeak plain until fame fuch document
authorized me fo to do.
Refolved, That an humble Addrefs be prefented to his Honour, to return him the
Thanks of this Hoiife for his affedlionate Speech at the Opening of this Seffion ; to ac-
knowledge that we are particularly obliged to him for the Sincerity, Opennefs and Can-
dour, with which on this, as on every other Occafion, he has treated us ; to reprefent to
him that we are truly feniible that it is our Duty to exert ourfelves at this critical Con-
jundture, and that we will give all the Defpatch to the feveral Matters recommended to
us that the Importance of them will admit of.
Ordered
[49]
Ordered, That a Committee be appointed to draw up an Addrefs to the Govemour
purfuant to the faid Refolution ; and it is referred to M' Attorney and M"" Bland to prepare
and bring in the fame.
M' Speaker informed the Hotife that the Govemour had delivered to him feveral
Letters from the Earl of Egremont, one of his Majefty's principal Secretaries of State,
Major General Sir Jeffery Amherft, Thomas Boone, Efq; Govemour of South Carolina
and one from Colonel Bouquett, and defired him to lay them before the Houfe.
And the faid Letters were read, and ordered to lie on the Table.
Refolved, That this Hovife will take the Govemour' s Speech into Confideration
Tomorrow.
Ordered, That the Reverend M'" William Yates be continued Chaplain to this Houfe,
and that he attend to read Prayers every Moming at Ten o'Clock.
Ordered, That James Lame, Thomas Francis, Nathaniel Hicks and John Broadrib,
be continued in their refpedlive Offices of Doorkeepers to this Houfe, and that they give
their Attendance accordingly.
On a Motion made.
It was ordered that all fuch Claims and Propofitions as were referred from the la£t
to this Seffion of Affembly, and alfo all fuch Claims and Propofitions as fhall be certi-
fied to this Seffion of Affembly, be referred to the Confideration of the next Seffion of
Affembly.
And then the Houfe adjourned until Tomorrow Morning Eleven ''Clock.
>il^e6ites6aY. t^e 3lst of Mtarc^, 2 (&eo. III. 1762.
M
R Attorney reported that the Committee appointed had, according to Order,
prepared an Addrefs to the Govemour ; which he read in his Place, and after-
wards delivered in at the Table, where the fame was again twice read, and
agreed to by the Houfe, and is as follows:
Sir,
We his Majefty's moft dutiful and loyal Subjects, the Burgeffes of Virginia, return
your Honour our fincere Thanks for your kind Speech at the Opening of this Seffion: At
the fame Time we are more particularly obliged to you for the Sincerity, Opennefs and Can-
dour, with which, on every Occafion, you have treated us; and fuch a Condud, you may be
affured, will always meet with a due Return of Gratitude and Affedion.
The quiet Enjoyment of our Liberties, which we had a fair Profped of having fecured
to us, by an honourable and lafting Peace, is again obfcured by the Perfidy, Folly and Chi-
cane, of the Crowns of France and Spain. We are truly fenfible that this Event makes it
neceffary to exert our f elves in Support of the common Caufe, left a War begun for the Pref-
ervation of his Majefty's Colonies may prove fatal to them: You may therefore. Sir, depend
that you fhall find our Condud, on this important Crifis, fuch as you might exped from
Subjeds the moft loyal, and moft warmly attached to the Perfon and Government of his
Majefty.
We^ fhall immediately take the feveral Matters recommended to us under our Confidera-
tion, and proceed with all the Def patch the Importance of them will admit of.
Ordered, That the faid Addrefs be fairly tranfcribed, and prefented by the whole
Houfe.
Ordered, That the Committee who prepared the fame wait on the Govemour,; to
know his Pleafure when they fhall attend his Honour to prefent it. ;>;
A Petition of fundry Inhabitants of the Parifh of Dryfdale, in the Coimties of Caro-
line and King and Queen, fetting forth that their prefent Glebe is fituated below thak
lower Church, and at leaft 30 Miles from the upper End of the Parifh, which makes it
very
[ 5o]
very inconvenient, and in bad Weather impoffible for the Minifter to attend the upper
Church and other parochial Duties ; and praying that an Adl may pafs to empower the
Veftry of the faid Parifh to fell the faid Glebe Land, and purchafe one more convenient
in Lieu thereof, was prefented to the Houfe and read.
Ordered, That Leave be given to bring in a Bill purfuant to the Prayer of the faid
Petition, and it is referred to M"" Pendleton to prepare and bring in the fame.
On a Motion made,
Ordered, That it be an Inftru(5lion to the Committee to whom it is referred to bring
in a Bill purfuant to the Prayer of the above Petition that they receive a Claufe or Claufes
to empower the Veftry of the Parifh of St. Stephen, in the County of King and Queen, to
fell their prefent Glebe, and to purchafe one more convenient.
A Petition of fundry Inhabitants of the County of Prince William, praying that
the Court Day of the County may be altered to the firft Monday in every Month, was
prefented to the Houfe and read.
Ordered, That a Bill or Bills be brought in purfuant to the Prayer of the faid Peti-
tion, and it is referred to M^ Henry Lee to prepare and bring in the fame.
The Order of the Day being read, for the Houfe to take into their Confideration
the Govemours Speech.
Refolved, That the Houfe will refolve itfelf into a Committee on the faid Speech.
Ordered, That the feveral Letters laid before the Houfe by Defire of his Honour the
Govemour Yefterday, be referred to the Confideration of the faid Committee.
And then the Houfe refolved itfelf into a Committee on the faid Speech and letters ;
and after fome Time fpent therein, M-- Speaker refumed the Chair, anAW Charles Carter
reported that the Committee had had the fame under their Confideration, and had come
to feveral Refolutions thereon, which they had diredted him to report to the Houfe ;
and he read the fame in his Place, and then delivered them in at the Table, where they
were again twice read, and agreed to by the Houfe, with fome Amendments, as follow:
Refolved, That looo Men be raifed, and kept in the Pay of this Colony.
Refolved, That 268 Men be recruited, at the expenfe of this Colony, to be joined to
his Majefty's Forces under the Command of Major General Sir Jeffery Aniherft.
Refolved, That a Sum, not exceeding ;£3o,ooo, be raifed for defraying the Expenfe
of buying, paying and clothing, the 1000 Men, and the recruiting the 268 Men.
On a Motion made.
The Houfe refolved itfelf into a Committee to confider of Ways and Means for raifmg
the Sum of ;£3o,ooo agreeable to the above Refolution; and after fome Time fpent
therein, M' Speaker refumed the Chair, and M'' Charles Carter reported that the Com-
mittee had come to a Refolution thereon, which they had diredted him to report to the
Houfe ; and he read the fame in his Place, and then delivered it in at the Table, where
it was again twice read, and agreed to by the Houfe, as follows:
Refolved, That the Sum of ;£;3o,ooo be raifed by a Tax of one Shilling on every
tithable Perfon in this Colony, to be paid in the Years 1764, 1765, 1766, 1767, 1768,
and 1769.
Ordered, That a Bill or Bills be brought in, purfuant to the aforefaid Refolutions;
and it is referred to M"' Charles Carter, W Attorney, M"' Bland, M"" Pendleton and^M"" Lemuel
Riddick, to prepare and bring in the fame.
:• •" A Petition of the Churchwardens, and ftmdry Inhabitants, of the Parifh of Amherft,
• ill the County of Amherft, fetting forth that by an Adl made in the firft Year of his Pref-
I'ent Majefty's Reign, entitled. An Ad for dividing the counties of Albemarle and Louifa,
[and Parifh of St. Anne, and for other purpofes therein wen/iowerf, the Churchwardens of
, the faid Parifh of St. Anne were empowered to fell and convey the Glebe-Land of the
. laid Parifh, with the Improvements thereon, for a valuable Confideration, and the Money
arifmg thereby to be difpofed of in fuch Manner, and to fuch Ufes, as by the faid Adl is
'.dixedled : That the faid Churchwardens of the faid Parifh of St. Anne have pretended to
feU
[51 ]
fell the Glebe ; but not giving due notice of fuch Sale, few Perfons attended thereat, and
the Churchwardens by that Means became the Purchafers for the Uf e of the faid Parilh
for;g23i-ios. current Money, which is not more than Half the Value of the faid Lands,
whereby the Proportion to be received by the faid Parifh of Amherft is greatly leffened;
and praying that an Adt may pafs to fet afide the faid pretended Sale, was prefented
to the Houfe, and read.
Ordered, That a Bill or Bills be brought in purfuant to the Prayer of the faid Peti-
tion, and it is referred to M'' Cabbel, M"' Walker and M"" Carrington, to prepare and bring
in the fa^me.
And then the Houfe adjourned until Tomorrow Morning Eleven "'Clock.
I5^ur56ar» tl)e 1st of -April, 2 (Beo. III. 1762.
MR Pendleton, from the Committee appointed, prefented to the Houfe
according to Order, a Bill To empower the Vef tries of the Parifhes of Dryf-
dale, in the Counties of Caroline and King and Queen, and of St. Stephen^
in the County of King and Queen, to fell their prefent Glebe, and to lay out
the Money in pvu-chafmg more convenient Glebes ; and the fame was read the firft Time,
and ordered to be read a fecond Time.
On a Motion made,
Ordered, That it be an Inftru(5lion to the Committee to whom it was referred to
bring in a Bill For granting an Aid to his Majefty, and for other Purpofes therein men-
tioned, to receive a Claufe or Claufes for emitting Treafury Notes for the Sum of ;^3o,ooo,
and to empower the Treafurer to apply all fuch Sums as he fhall receive, which have
been or may hereafter be granted by the Parliament of Great Britain to this Colony,
and the Monies due from the Crown for Provifions towards the Redemption of the faid
Notes.
A Petition of William Seward, fetting forth that he is feized in Fee Taille of 1780
Acres of Land in the Parifh of Southwark, in the County of Surry, under the Will of one
Robert Can field; that the greater Part of the faid Land is poor and yields him but
fmall Profit, and is inconveniently fituated, being divided by a Creek which runs almoft
through the fame; that it will be greatly to his Advantage, and that of his Pofterity,
if he was empowered to difpofe of 1530 Acres, Part of the faid Tracft, and lay out the
Money arifing from fuch Sale in the Purchafe of fome other more valuable Lands and
Slaves, to be annexed thereto, and fettled to the fame Ufes; and praying that an Adt
may pafs for that purpofe, was prefented to the Houfe and read.
Ordered, That a Bill or Bills be brought in purfuant to the Prayer of the faid Peti-
tion, and it is referred to M'' Riddick to prepare and bring in the fame.
M"" Charles Carter, from the Committee appointed, prefented to the Houfe, according
to Order, a Bill for granting an Aid to his Majefty, and for other Purpofes therein men-
tioned ; and the faid Bill was read the firft Time, and ordered to be read a fecond Time.
M'' Henry Lee prefented to the Houfe, according to Order, a Bill for altering the
Court Day of the Cottnty of Prince-William; and the fame was read the firft Time, and
ordered to be read a fecond Time.
A Claim of Rogers, for taking up a Runaway therein mentioned, was
prefented to the Houfe and received.
Ordered, That the faid Claim be referred to the Confideration of the next Seffion of
Affembly.
M'' Cabbell prefented to the Houfe, according to Order, a Bill to declare void the
pretended Sale of the Glebe Land of the Parifli of St. Anne, in the County of Albemarle,
and directing a new Sale thereof, which was read the firft Time, and the Queftion being
put that the faid Bill be read a fecond Time,
It paffed in the Negative.
Refolved, That the faid Bill be rejedted.
A
[52]
A Petition of John Cole, a Sergeant in the Virginia Regiment, praying fome Satif-
fadlion for a Horfe preffed into the Sen'ice by Captain Bullet, appraifed to £i$, and
afterwards taken by the Enemy, and aKo for Services done as a Tailor to feveral Sol-
diers in the faid Regiment, was received and read.
Ordered, That the faid Petition be referred to M' Mercer and M*" Pendleton, that
they examine into the Allegations thereof, and report the fame, with their Opinion
thereon, to the Houfe.
M'' Attorney reported that the Committee appointed had, according to Order,
waited on the Govemour to know his Pleafure when the Houfe should attend him
with their Addrefs ; and that he was pleafed to appoint this Day, and to fay he wovdd
fend a Meffage to the Hotife when he was ready to receive it.
A Petition of Thomas Gift, fetting forth that he hath been a Lieutenant in the Vir- ,
ginia Regiment fix Years, during which Time he hath always behaved himfelf well;
that in 1758, in Colonel Grant's Engagement with the Wyondotes he was woimded in his
right Hand, which has rendered it almoft vifelefs; that he was afterwards taken Prifoner
by the faid Indians, and detained by them in Captivity one Year ; and praying the Con-
fideration of this Houfe, was prefented to the Houfe and read.
Ordered, That the faid Petition be referred to M-- Pendleton and M"- Gary; that they
do examine into the Allegations thereof, and report the fame, with their Opinions there-
on, to the Houfe.
Several Glaims of Thomas Toombs and William Hicks, for taking up Runaways
therein mentioned, were feverally prefented to the Houfe and received.
Ordered, That the faid Claims be referred to the Confideration of the next Seffion
of Affembly.
A Meffage from the Govemour was delivered by M"" Walthoe.
M' Speaker,
I am cotnmanded by the Govemour to acquaint this Houfe that his Honour is now ready
to receive their Addrefs in the Gouncil Ghamber.
M' Speaker, with the Houfe, went up ; and being returned, reported that he had,
with the Houfe, attended the Govemour in the Council Chamber, and prefented the
Addrefs of this Houfe to him, to which he was pleafed to anfwer.
M"^ Speaker, and Gentlemen of the Houfe of Burgeffes,
I receive the higheft Pleafure from the Marks of Zeal for the Service of his Majefty, and
of Loyalty and Attachment to his Per f on and Government, teftified in your affedionate Ad-
drefs, for which I return you my fincere Thanks; and I have the greateft Reliance that your
Condud, on this important Grifis, will anfwer the Expedations you have raifed in the
Breafts of the warmeft Friends of his Majefty and the Miniftry.
Sincerity and Gandour are the ftrongeft Gement of Friendfhip and Affedion, which I
truft will never be broke through on either Side; It fhall be my conftant Endeavour to pre-
ferve it on mine, as the Returns I meet with from them fo amply repay me.
A Bill for granting an Aid to his Majefty, and for other Purpofes therein mentioned,
was read the fecond Time, and ordered to be committed to a Committee of the whole
Houfe immediately.
And then the Houfe refolved itfelf into a Committee on the faid Bill; and after
fome Time fpent therein, M"" Speaker refumed the Chair, and M'' Gharles Garter reported
that the Committee had had the faid Bill under their Confideration, and made fome
Amendments thereto, but, not having Time to go through the fame, they had diredted
him to move for Leave to fit again,
Refolved, That this Houfe will again refolve itfelf into a Committee on the faid Bill
to morrow.
A Bill To empower the Veftries of the Parifhes of Dryfdale, in the Coimties of Caro-
line and King and Qu^en, and of St. Stephen, in the County of King and Queen, to fell
their
[53]
their Glebes, and to lay out the Money in ptirchafing more convenient Glebes, was read
a fecond Time.
Ordered, The £aid Bill be engroffed, and read a third Time.
M' Riddick prefented to the Houfe, according to Order, a Bill to dock the Entail
of certain Lands whereof William Seward is feized, and for other Ptirpofes therein men-
tioned ; and the fame was read the firft Time, and ordered to be read a fecond Time.
10 On a Motion made,
The faid Bill was read a fecond Time, and committed to M'' Riddick, My Gray, M'
Hartwell Cocke and M*" Bridger.
A Bill For altering the Court Day of the Coimty of Prince William was read a fec-
ond Time, and committed to M"" John f on, M"" Henry Lee, M^ Walker and M*" Fry.
Ordered, That it be an Inftrudlion to the faid Committee to receive a Claufe or
Claufes for altering the Court Day of Loiiifa Coimty.
And then the Houfe adjourned until Tomorrow Morning, Eleven "'Clock.
lFrl6a?, t^e 2n6 of :3Vprll 2 (5eo. Ill 1762.
A Claim of Wilham Hicks, for taking up a Runaway therein mentioned, was prefent-
ed to the Houfe and received.
Ordered, That the faid Claim be referred to the Confideration of the
next Seffion of Affembly.
M'' Riddick reported that the Committee to whom the Bill To dock the Entail of cer-
tain Lands, whereof William Seward is feized, and for other purpofes therein mentioned,
was committed, had made feveral Amendments thereto, which he read in his Place,
and then delivered the Bill with the Amendments in at the Table, where they were again
twice read, and agreed to by the Houfe.
Ordered, That the Bill with the Amendments be engroffed, and read a third Time.
On the Petition of Jofeph Royle, Printer, praying the Continuance of his Salary.
Refolved, That the Sum of £350 per Annum be allowed to the faid Jofeph Royle, to
continue to the End of the next Seffion of Affembly, as a full Confideration for printing
the Journal of the Houfe of Burgeffes, printing the Laws of each Seffion and fending 13
of them to every Covmty Court Clerk, one of which to be half bovmd, for the Ufe of the
Court, printing Infpedlors Notes and Books, Proclamations, and other publick Adver-
tifements.
Ordered, That the faid Refolve be engroffed, and that M'' Attorney do carry it to the
Council for their Concvurence.
On the Petition of James Gait, Keeper of the Publick Gaol, praying a Continuance
of his former Salary,
Refolved, That the additional Sum of £1$ be paid to the faid James Gait, over and
above his ufual Salary of £2$ per Annum.
Refolved, That 10 lbs. of Tobacco per Day be allowed to the faid James Gait, for
every Criminal committed to the faid Gaol during fuch Criminal's Imprifonment, from
this Time to the End of the next Seffion of Affembly.
On a Motion made,
Refolved, That the Strm of ;;£ioo be given, to be laid out in Clothes and Prefents for
the Tufkarora Indians, as a Reward for their Attachment and faithful Services to this
Colony.
Ordered, That the faid Refolve be engroffed, and that M'' Attorney do carry it to the
Council for their Concxirrence.
The Order of the Day being read,
The Houfe again refolved itfelf into a Committee on the faid Bill For granting an
Aid to his Majefty, and for other Purpofes therein mentioned ; and after fome Time
fpent
[54]
fpent therein, M^ Speaker refumed the Chair, and M"" Charles Carter reported that the
Committee had had the faid Bill under their further Confideration, and gone through
the fame, and had made feveral Amendments thereto, which they had diredled him to
report to the Houfe ; and he read the fame in his Place, and then delivered them in at
the Table, where they were again twice read, and agreed to by the Houfe.
Ordered, That the faid Bill with the Amendments be engroffed, and read a third
Time.
M"" Pendleton reported that the Perfons to whom the Petition of Thomas Gift was
referred had examined into the Allegations thereof, and found them to be true, and had
come to a Refolution thereon ; which he read in his Place, and then delivered in at the
Table, where the fame was again twice read, and agreed to by the Houfe, with an
Amendment, as follows :
Refolved, That the faid Thomas Gift ought to be allowed by the Pubhck the Stun of
;^ioo, as a Recompenfe for his Bravery, the Wound he received, and the Hardfhips he
fuftained, in the Service of this Country.
M' Thomas Johnfon reported that the Committee to whom the Bill For altering
the Court Days of the Counties of Prince William and Louifa, was committed, had made
feveral Amendments thereto ; which he read in his Place, and then delivered the Bill
with the Amendments in at the Table, where the Amendments were again twice read,
and agreed to by the Houfe.
Ordered, That the faid Bill with the Amendments be engroffed, and read a third
Time.
M"" Pendleton reported that the Perfons to whom the Petition of John Coles was re-
ferred had examined into the Allegations thereof, and found them to be true, and had
come to feveral Refolutions thereon ; which he read in his Place, and then delivered in at
the Table, where the fame was again twice read, and agreed to by the Houfe, as follows:
It appears to your Committee that the Horfe in the Petition mentioned was taken
by Captain Bullet into his Majefty's Service, being firft appraifed to .-^15 current Money,
was afterwards taken by the Enemy, and never returned to the Petitioner.
It aKo appears that the Petitioner, being a Tailor, did, by Diredtion of Colonel
Stephen, while the Troops were in South Carolina, perform Work in his faid Trade, and
fumifh Necef fanes for feveral Soldiers in the faid Stephen's Company, to the Amount of
£5-14-6, for which he has received no Satiffadlion ; but whether the faid Stephen ftopped
the Money out of the Pay of the feveral Soldiers for whom the faid Work was done, or
not, does not appear.
Refolved, That the Petitioner ought to be paid the Sum of £1$ for his Horfe afore-
£aid, by the Publick.
Refolved, That the Refidue of the Petitioner's Claim ought to be referred to the Con-
fideration of the next Seffion of Affembly.
An engroffed Bill, entitled. An Ad « to empower the Veftries of the Parifhes of Dryfdale,
in the Counties of Caroline and King and Queen, and of St. Stephen, in the faid County of
King and Queen, to fell their Glebes, and lay out the Money in purchafing more convenient
Glebes, was read the third Time, and the Blanks therein filled up.
Refolved, That the Bill do pafs.
Ordered, That M"" Pendleton do carry the faid Bill to the Council for their Concur-
rence.
On a Motion made.
Ordered, That Leave be given to bring in a Bill To prevent Mutiny and Difertion,
and it is referred to M' Gary and M'' Bradley to prepare and bring in the fame.
And then the houfe adjourned until Tomorrow Morning Eleven "'clock.
Saturday
• Hening, VII, p. 513.
13
[55]
Saturday, t^e 3r6 of TZVf rll 2 (Beo, III 1762.
AN engroffed Bill, entitled, An Ad' for altering the Court Days of the Counties of
Prince William and Louifa, was read the third Time, and the Blanks therein
filled up.
Refolved, That the Bill do pafs.
Ordered, That M"" Henry Lee, do carry up the faid Bill to the Council for their Con-
currence.
An engroffed Bill, entitled. An Ad* for granting an Aid to his Majefty, and for other
Purpofes therein mentioned, was read the third Time, and the Blanks therein filled up;
and the Queftion being put that the faid Bill do pafs, the Houfe divided.
Yeas go forth :
Yeas, counted by M*^ London Carter, 63.
Noes, counted by M"" Charles Carter, 3.
Refolved, That the Bill do pafs.
Ordered, That M"" Charles Carter do carry the faid Bill to the Council for their Con-
ctrrrence.
And then the Houfe adjourned until Monday Morning, Eleven "'Clock.
A
5llon6a?. t^e 5tb of ^Aprll, 2 <5eo. IIL 1762.
N engroffed Bill, entitled. An Ad^ to dock the Entail of certain Lands whereof
William Seward is feized, and for other Purpofes therein mentioned, was read
a third Time, and the Blanks therein filled up.
Refolved, That the Bill do pafs.
Ordered, That M"" Cocke do carry the faid Bill to the Cotmcil for their Concturence.
A Meffage from the Coimcil by M' Walthoe.
That they have agreed to the Bill, entitled, An A6t* for altering the Court Days of the
Counties of Prince William and Louifa.
Alfo to the Bill, entitled. An Adt^ to empower the Veftries of the Parifhes of Dryfdale,
in the Counties of Caroline and King and Queen, and of St. Stephen, in the Coimty of
King and Queen, to fell their prefent Glebes, and lay out the Money in purchafing more
convenient Glebes.
Alfo to the Refolve of this Houfe for paying Jofeph Royle, Printer, a Salary of £^$0
a Year.
And to the Refolve for paying Lieutenant Thomas Gift £, 100, for the Services therein
mentioned.
M' Cary prefented to the Hovife, according to Order, a Bill, To prevent Mutiny
and Defertion ; and the fame was read the firft Time, and ordered to be read a fecond
Time.
On a Motion made,
Ordered, That Leave be given to bring in a Bill To amend and Adt, entitled, An Ad^
to explain the Charter, and enlarge the Privileges, of the Borough of Norfolk, and for other
Purpofes therein mentioned; alfo one other Adl, entitled. An Ad for enlarging and afcer,
taining the Limits of the Borough of Norfolk, and for other Purpofes therein mentioned;
and it is referred to M"" Attorney and M'' Bradley to prepare and bring in the fame.
Several Claims of Henry Collier and Thomas May were feverally prefented to the
Houfe, and received.
Ordered
' Hening, VII, p. 509. 3 Ibid., VII, p. 514. 5 Ibid VII, p. 513.
» Ibid., VII, p. 495. 4 Ibid., VII, p. 509. « Ibid. VII, p. 510.
[56]
Ordered, That the £aid Claims be referred to the Confideration of the next Seffion
of Affembly.
On a Motion made, «
The Bill, entitled, An Ad^ to prevent Mutiny and Defertion, was read a fecond Time,
and ordered to be engroffed and read a third Time.
A Meffage from the Council by M'' Walthoe.
That they have agreed to the Bill, entitled. An Adl' to dock the Entail of certain Lands
whereof William Seward is feized, and for other Purpofes therein mentioned.
On a Motion made.
Ordered, That Leave be given to bring in a Bill For paying the Burgeffes Wages
in Money for this prefent Seffion of Affembly ; and it is referred to M'' Gary to prepare
and bring in the fame.
M' Gary prefented to the Houfe, according to Order, a Bill For paying the Burgeffes
Wages in Money for this prefent Seffion of Affembly; and the fame was read the firft
Time, and ordered to be read a fecond Time.
On a Motion made,
The faid Bill was read a fecond Time, and ordered to be engroffed and read a third
Time.
M' Attorney prefented to the Houfe, according to Order, a Bill To amend the Adl,
entitled, An Ad^ to explain the Gharter, and enlarge the Privileges of the Borough of Norfolk,
and for other Purpofes therein mentioned; aKo one other Adl entitled. An Ad for enlarging
and afcertaining the Limits of the Borough of Norfolk, and for other Purpofes therein
mentioned; and the fame was read the firft Time, and ordered to be read a fecond Time.
On a Motion made,
The faid Bill was read a fecond Time, and^ordered^to be engroffed and read a third
Time.
And then the Houfe adjourned until Tomorrow Morning Eleven "'Clock.
Bue56ar. tb^ 6lb of :2Vf rlU 2 (Beo. Ill 1762.
AN engroffed Bill, entitled. An Ad* to prevent Mutiny and Defertion, was read a
third Time, and the Blanks therein filled up.
Refolved, That the faid Bill do pafs.
Ordered, That M' Gary do carry the faid Bill to the Coiuicil for their
Concurrence.
An engroffed Bill, entitled. An Ad^ to amend an Ad, entitled. An Ad to explain
the Gharter, and enlarge the Privileges of the Borough of Norfolk, and for other Purpofes
therein mentioned; alfo one other Adl, entitled. An Ad for enlarging and afcertaining
the Limits of the Borough of Norfolk, and for other Purpofes therein-mentioned; was read
a third Time, and the Blanks therein filled up.
Refolved, That the Bill do pafs.
Ordered, That M' Bradley do carry the faid Bill to the Council for their Concurrence.
An engroffed Bill, entitled. An Ad^ for paying the Burgeffes Wages in Money for
this prefent Seffion of Affembly, was read a third Time.
Refolved, That the Bill do pafs.
Ordered, That M"" Gary do carry the faid Bill to the Council for their Concurrence.
Several Glaims of John Pride, Richard Jones, William Pegrem, Thomas Munday
and Ambrofe Greenhill, were feverally prefented to the Houfe and received.
Ordered
Hening, VII, p. 502. 3 Ibid., VII, p. 510. s Ibid., VII, p. 510.
Ibid., VII, p. 514. « Ibid., VII, p. 502. 6 Ibid., VII, p. 508.
14
[57]
Ordered, That the faid Claims be referred to the Confideration of the next Seffion
of Affembly.
On a Motion made,
Refolved, That the feveral Sums following be paid to the feveral Officers of the
General Affembly, ref pedtively :
To John Randolph, Efq ; Clerk of the Houfe of Burgeffes £(to
To Nathaniel Walthoe, Efq ; Clerk of the General Affembly 30
To the Reverend M'' William Yates, Chaplain, 15
To M"" Francis Eppes, Sergeant at Arms 20
To M"" George Davenport, for his Services 5
To the Doorkeeper of the Council 5
To James Lavie, ... .
To Thomas Francis,
To Nathaniel Hix, . ,
To John Broadrib, . .
Doorkeepers to the Hovife
5
S
5
5
Ordered, That the faid Refolve be engroffed, and that M' Gary do carry it up to the
Cotincil for their Concurrence.
A Meffage from the Council was delivered by M'" Walthoe.
That they have agreed to the Bill, entitled, An Adl ■ for granting an Aid to his Majefty,
and for other Purpofes therein mentioned.
Alfo to the Bill, entitled, An Adt» to amend an Adl, to explain the Charter, and enlarge
the Privileges, of the Borough of Norfolk, and for other Piupofes therein mentioned ;
alfo one other Ad, entitled. An Adl for enlarging and afcertaining the Limits of the Borough
of Norfolk, and for other Purpofes therein mentioned.
Alfo to the Bill, entitled. An Adls for paying the Bttrgeffes Wages in Money for this
prefent Seffion of Affembly.
Alfo to a Bill, entitled, An Adl* for preventing Mutiny and Defertion,
Alfo to the Refolve of this Houfe, For paying the refpedive Officers of the General
Affembly the feveral Sums of Money therein mentioned.
And to the Refolve, For giving £ 100 to the Tufkarora Indians.
Ordered, That a Committee be appointed to examine the enrolled Bills of the follow-
ing Perfons: M"" William Digges, M' Carrington, M"" John Fleming, M' Henry Lee, M'
Cabbell and M' Claiborne.
A Petition of Robert Willis, fatting forth that he hath been a Soldier many Years;
that he is very infirm, and unable to provide for himfelf and Family ; and praying the
Confideration of this Houfe, was prefented to the Houfe and read; and the Queftion
being put that the faid Petition be referred to a Committee,
It paffed in the Negative.
Ordered, That the faid Petition be rejedted.
And then the Houfe adjourned until Tomorrow Morning, Eleven "'Clock.
We6ne56a^ t^e 7t^ of ^^^p rll, 2 <5eo. IIL 1762.
A Petition of Leonard Price, fetting forth that during the Campaign in 1760 he,
by Colonel Byrd's Orders, adted as Adjutant to the 700 additional Forces
raifed for the Relief of Fort Loudoun and Protedtion of the fouthem Fron-
tiers ; that as the faid Additional were all raw and undifciplined, he found the
Difcharge of his Office very troubleome ; that as your Petitioner is advifed there is no
Ftind eftablifhed by Adt of Affembly for Payment of fuch an Officer, humbly prays
this
« Hening, VII, p. 495- ' ff'id., VII, p. 510. 3 Ibid., VII, p. 508. 4 Ibid., VII, p. 502.
[58]
this Houfe will take his Services into Confideration, and allow him the ufual Pay of «
an Adjutant for the Time he did that Duty ; was prefented to the Hoiife and read.
Ordered, That the faid Leonard Price be allowed the Sum of £ 36-8-0.
M'' William Digges reported that the Committee appointed had, according to Order,
examined the enrolled Bills, and redlified fuch Miftakes as were fotmd therein; and
that they were truly enrolled.
Ordered, That he carry the faid Bill to the Council for their Infpedlion.
A Meffage from the Covmcil by M"" Walthoe.
That they have infpeded the enrolled Bills, and are fatiffied they are truly enrolled.
A Meffage from the Govemotir was delivered by M' Walthoe.
M"" Speaker
The Governour commands the immediate Attendance of your Houfe in the Council
Chamber, and that you bring with you fuch Bills and Refolves as are ready for his Affent.
M' Speaker with the Houfe went up accordingly, and the Governour was pleafed
to give his Affent to the following Bills:
1 An Ad' for granting an Aid to his Majefty, and for other Purpofes therein men-
tioned.
2 » To prevent Mutiny and Defertion.
J 3 For altering the Court Days of the Counties of Prince William and Louifa.
4 *To amend an Ad, entitled. An Ad to explain the Charter, and enlarge the Privileges,
of the Borough of Norfolk, and for other Purpofes therein mentioned; alfo one other Ad,
entitled. An Ad for enlarging and afcertaining the Limits of the Borough of Norfolk, and
for otlier Purpofes therein mentioned.
5 5 To empower the Veftries of the Parifhes of Dryfdale, in the Counties of Caroline
and King and Queen, and of St. Stephen, in the faid County of King and Queen, to fell
their Glebes, and to lay out the Money in purchafing more convenient Glebes.
6 ^To dock the Entail of certain Lands whereof William Seward is feized, and for
other Purpofes therein mentioned.
7 7 For paying the Burgeffes Wages in Money for this prefent Seffion of Affembly.
His Honour Ukewife gave his Affent to the following Refolves:
/ For paying the fever al officers of the General Affembly the refpedive Sums of
Money therein mentioned.
2 For paying Lieutenant Thonuxs Gift the Sum of £ 100.
5 For paying Jofeph Royle, Printer to the Publick, a Salary of £ ^50 a Year.
4 For paying the Sum of £ 100 to the Tufkarora Indians.
And then his Honour was pleafed to make the following Speech :
Gentlemen of the Council, M"" Speaker, and Gentlemen of the Houfe of Burgeffes,
The Cheerfulnefs and Alacrity with which you have fo generoufly provided for the
raifing another Regiment for his Majefty's Service, immediately after the difbanding the
old One, and entered into every Meafure recommended to you, muft at once convince the
World of your Judgment and Spirit; confirm the Charader the Virginians have long born
of being loyal, faithful and dutiful, Subjeds; and render you dear to your royal Sovereign.
This Condud, which I fhall not fail to reprefent in its true Light to his Minifters, demands
my Thanks in the Name of my moft gracious Mafter; which, from this Seat, where more
particularly than elfewhere I have the Honour to be his Reprefentative, I now publickly
give you with great Cordiality.
The
« Hening, VII, p. 495. ■• Ibid., VII, p. 510. 6 [bid., VII, p. 514.
» Ibid., VII. p. 502. s Ibid., VII, p. 513. 7 Ibid., VII, p. 508.
J Ibid., VII, p. 509.
[59]
The Harmony that fubfifts between us is a Source of great Satiffadion to me, on which
I could expatiate largely, were this a proper Place or Time for it; and may God increafe
it in our Hearts, for the Service of our King, the Intereft of our Country, and the Happinefs
of us all.
As I propofe to call you together towards the End of the Year, to confider of the State
of this Colony, and to provide for the future Well being of it, by enading fuch wholefome
Laws as may tend to the well governing and Improvement thereof, I fhall not now detain
you here, to the Detriment of your own private Affairs, but fhall prorogue you, and you
are accordingly prorogued, to the laft Tuefday in June next.
JOURNAL
)f the
House of Burgesses
1762
November Seffion
Burgeff es*
Accomac
Southey Simpfon
Hanover
Nathaniel Weft Dandridge
Thomas Parramore
John Syme
Albemarle
Thomas Walker
Henrico
Bowler Cocke
*John Fry
PhiUp Mayo
Amelia
David Greenhill
Ifle of Wight
James Bridger
*Thomas Tabb
♦Jofeph Bridger
Amherft
William Cabell
James City
Lewis Burwell
♦Cornelius Thomas
Philip Johnfon
Augnfta
John Wilfon
Jameftown
Edward Champion Travis
Ifrasl Chriftian
King & Queen
John Pendleton
Bedford
William Callaway
John Robinfon
♦John Talbot
King George
Charles Carter
Brunfwick
William Thornton
Charles Carter, Jr.
Ifaac Rowe Walton
King William
Bernard Moore
Buckingham
Robert Boiling, Jr.
Carter Braxton
Jofeph Cabell
Lancafter
Charles Carter
CaroKne
John Baylor
♦Richard Mitchell
Edmimd Pendleton
Loudoim
Francis Lightfoot Lee
Charles City
Benjamin Harrifon
James Hamilton
William Kennon
Louifa
William Johnfon
Chefterfield
Archibald Cary
Thomas Johnfon
Richard Eppes
Lunenburg
Henry Blagrave
The College
Mann Page
Clement Reade
Culpeper
John Field
Middlefex
John Smith
♦James Barbour
Ralph Wormeley
Ctimberland
George Carrington
Nanfemond
Willis Riddick
John Fleming
Lemuel Riddick
Dinwiddie
Robert Boiling
New Kent
Burwell Baffett
♦Leonard Claiborne, Jr.
♦Richard Adams
Elizabeth City
William Wager
Norfolk
William Bradley
George Wythe
Thomas Yeal
E£fex
John Lee
Norfolk Borough Jofeph Hutchings
John Upfhaw
Northampton
John Hannanfon
Fairfax
George Johnfton
Thomas Dalby
John Weft
Northumberland Richard Hull
Fauqtiier
Thomas Harrifon
♦Spencer Ball
Thomas Marfhall
Orange
James Taylor
Frederick
George Wafhington
James Walker
George Mercer
Prince Edward
Peter Legrand
Gloucefter
Thomas Whiting
♦Abner Nafh
John Page
Prince George
Richard Bland
Goochland
John Payne
Richard Bland, Jr.
♦Jofias Payne
Prince William
John Baylis
Halifax
Nathaniel Terry
Henry Lee
♦Robert Wade
Princefs Anne
Edward Hack Mofeley
Hampfhire
James Mercer
Thomas Rutherford
♦Anthony Walke
*Not fhown by the Journal to have been prefent during the Affembly.
[64]
Richmond
Southampton
Spotfylvania
Stafford
Surry
John Woodbridge
Landon Carter
Jofeph Gray
♦Benjamin Symmons
Fielding L^wis
♦Benjamin Grymes
William Fitzhugh
♦Thomas L. Lee
Hartwell Cocke
Thomas Bailey
SuHex
Warwick
Weftmoreland
Williamfburg
York
•Not fliown by the Jovimal to have been prefent during the Affembly.
♦David Mafon
♦John Edmimds
William Harwood
WiUiam Digges
Richard Henry Lee
Richard Lee
Peyton Randolph
Dudley Digges
Thomas Nelfon, Jr.
Changes in the Perfonnel, 1762
November Seffion
Hampfliire
New Kent
Surry
James Mercer fucceeded James Keith
Burwell Baffett fucceeded Gill Armiftead
Thomas Bailey fucceeded Henry Browne
JOURNAL
of the
House of B
OUSE OF OURGESSES
'5ues6aY» Ih'^ 2n6 of 5lovember. 3 (Beo, lit 1762.
A
Meffage from the Govemour was delivered by M'' Walthoe.
M'' Speaker, and Gentlemen of the Houfe of Burgeffes,
The Govemour commands the immediate Attendance of your Houfe in the
Council Chamber.
Accordingly M"" Speaker, with the Houfe, went up to attend the Govemour ;
And being returned, reported that the Houfe had attended the Govemour in the
Council Chamber; and that his Honour was pleafed to make a Speech to the Coimcil
and this Houfe, of which he had (to prevent Miftakes) obtained a Copy, which he read
in his Place, and afterwards delivered in at the Table, where it was again twice read,
and is as follows :
Gentlemen of the Council, M"" Speaker, and Gentlemen of the Houfe of Burgeffes.
I have called you together purfuant to my laft Prorogation, that you may now enter
upon the ufual Bufinefs of the Country, and provide for the future Safety and Well being
thereof, by enading fuch Laws as to you fhall feem mo ft expedient for that falutary Purpofe.
It is the Duty of every Member of the Legiflature, during the Receffes of General Affembly,
to confider the prefent State of the Colony, and the Means which may be further neceffary
to improve it: If this is a Truth not to be controverted, it becomes more particularly the Duty
of thofe Men to whofe Care his Majefty has entrufted the Adminiftration of the Affairs
Government in his Provinces; and while I have the Honour of fitting in this Seat, I hope
I fhall never think that any Thing can abfolve me from the Difcharge of this important
Part of my Office.
The fir ft Thought which, under our prefent Cir cum fiances, will naturally prefent
itfelf to every Man who has in the leaft refleded on thefe Matters, in the Scarcity of Bullion,
both Gold and Silver, moft notorioufiy prevalent at this Time in this Colony. Whether this
is owing to the Operation of any Law now adually in Force, or whether it is owing to the
Want of fome new Law to remedy this Evil and produce the defired Effed, in either Cafe
it feems to call upon you for your moft ferious Confideration; and I recommend it to you
in this Light, but with this very neceffary Precaution, of which I hope you will never lofe
Sight, that it is not to be done in Hafte, upon loofe unconfidered Principles, or without the
moft mature Deliberation. It is even better to fuftain the Inconveniences we at prefent
feel than to attempt to feek Relief by Remedies which are not to undergo the moft ftrid Exami-
nation, and fevere Scrutiny; for, by long Experience of Men much converfant in thofe
Speculations, it has been found that the meddling with the Mediums of Trade and Commerce,
whether it be Bullion or Paper, is of a moft dehcate Nature, and is often attended with a
long Train of very diftant Confequences, not always obvious to a Man of the greateft Sagacity
at the Time of making Laws relating thereto.
Another
[66]
Another Thing I ivould recommeyid to yon is the preparing fome Bill to regulate the
Trade with the Cherokee Indians. Governour Boone has rcprefented this to me in fo
judicious and equitable a Light, in a Letter which I fhall now lay before you, and fent me
in the Copy of an Ad pa f fed in his Affembly, which appears to me to be fo well calculated
to anfwer the Purpofe, that I cannot do better than wifh you to follow fuch an Example.
This Meafure,in all himan Probability, will prevent the trading J ealoufies too apt to arife
between neighbouring Colonies, and the Dangers to be feared from the imprudent Condud
of private Traders.
To take Care of the Intereft of the Colony during the Summer, I have, by and tvith the
Advice of his Majefty's Council, provided for it in the beft Manner I Have been able, by
laying an Embargo on Ships loaded with Tobacco and prohibiting the Exportation of
Indian Corn: By the firft the Property of the Planters has been endeavoured to be fecured,
until fome Ship of Force belonging to his Majefty fhould arrive to fupply the Place of thofe
which the Neceffity of the Times called from us, and to proted it {which Event has now
happened) by the fecond the Cries of the Poor have been flopped, and the exorbitant Price
to which that Grain feemed likely to rife been checked. A Sloop has alfo been hired and
fitted out to proted the Shipping within the Capes from the Infults of fmall Privateers, which
owed their Security to their Size: This prevented their being followed into fhoal Waters in
which they could fail with Safety, by his Majefty's Ship under the Command of William
Manwaring, Efq; ftationed on this Coaft. In juftice to this Gentleman, it is requifite I
fhould inform you of his Readinefs to affift us on this Occafion, by lending Men, without
which we fhould not have been able to have manned our Sloop. As the Fund of 2 s. per
Hogfhead for the Support of Government is in a low State, I fhall leave it with you to deter-
mine whether the Country will not take upon itfelf the Payment of the Expenfe, which cannot
be great, of a Meafure entered into for the Good of the whole Community.
Gentlemen,
It is with the higheft Degree of Satiffadion that I have it in my Power to acquaint you
that I ftand charged to communicate to you his Majefty's Approbation of the Condud of
this Colony, and his gracious Acceptance of your Zeal and Attachment to his Service, tranf.
mittcd to me in Letters from one of his principal Secretaries of State, and his Commander
in Chief on this Continent; which I fhall immediately lay before you. From my own Feel-
ings, I am thoroughly convinced that the Honour now done you miift very fenfibly affed every
Man who had a Share in promoting the Service of a King fo ready to acknowledge it, and
infpire him with a ftrong Defire to continue to merit the royal Approbation. This affords
me a proper Occafion to make Mention of the Regiment, which ftands provided for but for
a -jhort Time: As the Men are now extremely well clothed, and are viduallcd by the Crown,
fo that the Pay for a few Months is the only Objed, I fhould recommend it to you, merely as
a Matter of Prudence, to keep them on Foot; as I have now, by frequent Experience of your
inviolable Attachment to his Majefty and his Service, found, that you wotdd raife them at
a much larger Expenfe, if his Majefty fhould earneftly require it. Such an Opinion has
your conftant and uniform Condud raifed in me of your Zeal to fupport the Good of the
common Caufe; and when you confider the Letters from Sir Jeffery Amherft on this Subjed,
I make no Doubt but you will agree with me in the Prudence of this Step.
I have alfo the Pleafure to inform you that the Account tvith the Crown of the Expenfes
of this Colony for the Year iy6o has been fettled with Sir Jeflfery Amherft, and the Balance
found due to the Colony by the Auditors of the Crown Accounts fettled at, 18, 61 j £ 4s. i d.
of which Sum I have already received and paid into the Treafury i8,j!ji £ 4 s. g d. and
daily exped the Payment of the fmall Balance remaining now due.
To complete the Happinefs of the Britifh Nation, Heaven has been gracioufly plea fed
to fend us an Heir to his Majefty's Crown and Virtues; which has been notified to me by
the Earl of Egremont, with the pleafing Circumftances that her Majefty and the young
Prince were in as perfed Health as can be expeded or wifhed, of which happy Event I mo ft
fincerely covigratulate you.
[67 ]
M'' Speaker, and Gentlemen of the Houfe of Biirgeffcs,
From the pleafing Profped which now begins to open itfclf to our View, there is at
leaft Room to hope that the Expenfe of every Article now recommended to you, if they fhoiild
meet with your Concurrence, will not he great, or of long Duration; and in the providing
jar them, I am firmly perfuaded that you will take the Means leaft liable to Exception, and
leaft prejudicial to the Inhabitants.
Gentlemen of the Council, and of the Houfe of Burgeffes,
The Honour you have already acquired is great; and for the Regard I hear the Colony,
let me recommend it to you to purfue your Courfe, until you arrive at the Goal which feems
to he now in your Vieiv. The Bufinefs I have menticnied to yoii will require much Attention,
therefore it will be requifite you fhould fet abotU it with Diligence, and Unanimity; which
I make no Doubt but you will do, as fuch a Condud muft meet with the Approbation and
Praife of your Country.
Refolved, That an humble Addrefs be prefented to his Honoxir the Govemour, to
retxim him our Thanks for his kind Speech at the Opening of this Seffion ; to congratulate
with him on the Birth of an Heir to the Throne of Great Britain, and the Dominions
thereimto belonging; to exprefs our Satiffadlion that his ]\Iajefty has been pleafed to
accept ovu- Services in a Manner fuitable to our Intentions, and to affure him that Affedlion
and Loyalty will influence all oxn: future Adtions.
Ordered, That a Committee be appointed to draw up an Addrefs to the Govemour,
purfuant to the faid Refolution ; and it is referred to M'' Attorney and M"' Gary to prepare
and bring in the fame.
Refolved, That this Houfe will take the Govemour's Speech into Confideration
Tomorrow.
M'' Speaker reported that the Govemour had delivered to him the feveral Letters
mentioned in his Speech, which he had defired him to lay before the Houfe.
And the faid Letters were read, and ordered to lie on the Table.
Ordered, That an Addrefs be made to the Govemour to order a new Writ to iffue
for ele(5ling a Burgefs to ferve in this prefent General Affembly for Hanipfhire, in the
Room of M'' Keith, who, fince his Eledlion, hath accepted of the Office of Clerk of a
County ; and that M'' Richard Henry Lee do wait on his Honour with the faid Addrefs.
Ordered, That an Addrefs be m.ade to the Govemour, to order a new Writ to iffue
for the eledting a Burgefs to fer\'e in this prefent General Affembly for the County of
New Kent, in the Room of ^M"" Armiftead, deceafed; and that M'' Benjamin Harrifon do
wait on his Honour with the faid Addrefs.
Ordered, That an Addrefs be made to the Govemour, to order a new Writ to iffue
for the eledting a Burgefs to fer\-e in this prefent General Affembly for the County of
Surry, in the Room of M'' Brown, deceafed; and that M"" Hartwell Cocke do wait on his
Honour with the faid Addrefs.
Ordered, That the Reverend M"" William Yates be continued Chaplain to this Houfe,
and that he attend to read Prayers every Morning at lo °'Clock.
Ordered, That the feveral Doorkeepers be continued in their refpedtive Offices, and
that they give their Attendance accordingly.
And then the Houfe adjourned until Tomorrow Morning ii "'Clock.
'^(ihx{.<i%ba'2* tl)e 3r6 of 5lovember, 3 (Beo. III. 1762.
THE Order of the Day being read, for the Houfe to take into Confideration
the Govemour's Speech,
Refolved, That this Houfe will refolve itfelf into a Connmittee on the
faid Speech Tomon-ow.
And then the Houfe adjourned until Tomorrow Morning ii "'Clock.
[68]
I3l)ur56a^. tl)e 4tl) of November, 3 (5co. III. 1762.
M
R Attorney reported that the Committee appointed had, according to Order,
prepared an Addrefs to the Govemour; which he read in his Place, and
then dehvered in at the Table, where it was again twice read, and agreed to
by the Houfe, and is as follows :
Sir,
We his Majefty's mo ft dutiful and loyal Subjeds, the Burgeffes of Virginia, now met
in General Affembly, return your Honour our fincere Thanks for your kind Speech at the
Opening of this Seffion .
We heartily congratulate with you on the Birth of an Heir to the Throne of Great
Britain : May the Sceptre, when it fhall defcend into his Hands, be ufed as it has been by
his Anceftors, to obtain Glory and Felicity to the Crown and his People.
Permit us. Sir, to exprefs our Satiffadion that his Majefty has been pleafed to accept
our Services in a Manner fo fuitable to our Intentions, and to affure you that the warmeft
Affedion and Loyalty fhall influence all our future Adions.
Ordered, That the faid Addrefs be fairly tranfcribed, and prefented by the whole
Houfe.
Ordered, That the Committee which prepared the fame wait on the Govemour, to
know his Pleafure when the Hotife fhall attend his Honotir to prefent it.
A Petition of William Talbot, fetting forth that in the Year 1755 he lifted in the
Virginia Regiment, and fer\'ed as a Sergeant therein until the Year 1758, when in Col.
Grant's Engagement, near Fort Duquefne, he received a Woimd in his right Arm, which
has rendered him incapable of hard Labour; that he was then taken Prifoner, and
carried by the Indians to Fort '''Etroit, where he endured a fevere Captivity of 1 5 Months ;
when he was delivered up by the Indians, and rejoined the Regiment, in which he con-
tinued faithful in Duty until March laft, when the Regiment was broke, and among
others was difcharged ; and praying the Conlideration of the Houfe, was prefented to
the Houfe and read.
Ordered, That the faid Petition be referred to M"" Pendleton and M'' Richard Henry
Lee; that they examine into the Allegations thereof, and report the fame, with their
Opinion thereon, to the Houfe.
Ordered, That a Committee of Privileges and Eledlions be appointed, of the follow-
ing Perfons :
M^ Bland,
U' Attorney, M' Wythe,
M"' William Digges, M"" Richard Henry Lee,
W Benjamin Harrifon, M'' Edmund Pendleton,
M' John Page, M' Whiting,
M'' Dudley Digges, M'' Lemuel Riddick,
M"" Mann Page.
And that they are to meet and adjourn from Day to Day, and to examine in the
firft Place all Returns of Writs for eledling Burgeffes to ferve in this prefent General
Affembly, and to compare the fame with the Form prefcribed by Law; and to take
into their Confideration all fuch Matters as fhall or may come in Queftion touching
Returns, Eledtions and Privileges ; and to report their Proceedings, with their Opinions
thereon, from Time to Time, to the Houfe. And the faid Committee are to have Power
to fend for Perfons, Papers and Records, for their Information.
Ordered
[69]
Ordered, That a Committee of Propofitions and Grievances be appointed of the
following Perfons :
M'' Attorney-General,
W Bland,
M"' Lemuel Reddick,
'W Gary,
M'' Fitzhugh,
M'' Edmund Pendleton,
M-- Mofeley,
W William Digges,
M"" Francis Lee,
M"' Benjamin Harrifon,
M'' George Johnfton,
M"- Wythe,
M"- Robert Boiling,
M"" Burwell,
M-- Philip Johnfon,
M'' Gharles Garter (King George.),
M'' Mann Page,
M'' Richard Henry Lee,
M'' Robert Boiling, Jtm.,
M.^ John Page,
M"" Lewis,
M'' Dudley Digges,
M'' Richard Bland, Jtm.,
M'' Fleming,
¥■■ 7o/zH Smith,
M"" James Taylor,
M"' Dandridge,
M" Whiting,
M'' Mercer,
M.^ Kennon.
And they are to meet and adjourn from Day to Day, and to take into their Conlid-
eration all Propofitions and Grievances that fhall come legally certified to this Affembly ;
and to report their Proceedings, with their Opinions thereon, from Time to Time, to
the Houfe. And all fuch Propofitions and Grievances are to be delivered to the Clerk
of the Hotxfe, and by him to the faid Committee of Courfe; and the faid Committee
are to have Power to fend for Perfons, Papers and Records, for their Information.
Ordered, That a Committee of Pub lick Claims be appointed, of the following Perfons :
M^ Archibald Gary.
M^ Richard Lee,
M' Willis Reddick,
M"- Wilfon,
M"" John Lee.
M"" Thornton,
W Hull,
M"" Hartwell Gocke,
W Walton,
'W Travis,
M"" Gallaway,
W Ghriftian,
M"- Bradley,
M^ Weft,
My Upfhaw,
M'' /. Payne,
M"" Harmarfon,
M'' Harwood.
And they are to meet and adjourn from Day to Day, and to take into their Confid-
eration all publick Claims referred from the laft to this Seffion of Affembly, and alfo
all fuch Claims as fliall be regularly certified and prefented to this Seffion ; and to report
their Proceedings, with their Opinions thereon, to the Hoiife, when they have gone
through the faid Claims. And all Perfons that have any Claims are to deliver them
to the faid Committee, of Courfe ; and they are to have Power to fend for Perfons, Papers
and Records, for their Information.
Ordered, That a Committee for Courts of Juftice be appointed, of the following
Perfons :
M"" Edmund Pendleton,
M"- Wythe, W Field,
W Le Grand, M'' /. Pendleton,
M"" Thomas Harrifon, M'' Mayo,
My James Taylor, M'' /. Bridger,
M"' James Walker.
And they are to meet and adjourn from Day to Day, and to take into their Con-
fideration all Matters relating to Courts of Juftice, and fuch other Matters as fhall from
Time
[ 7o]
Time to Time be referred to them; and report their Proceedings, with their Opinions
thereon, to the Houfe. And the faid Committee are to infpecl the Journals of the
7**^ Seffion of the laft General Affembly, and the I'S 2'^ and 3'', Seffions of this
prefent General Affembly ; and draw up a State of the Matters then depending and
undetermined, and the Progress that was made therein, and report the fame to the
Houfe: That they do alfo examine what Laws have expired fmce the laft Seffion, and
infpedl fuch temporary Laws as will expire with the End of this Seffion, or are near
expiring ; and report the fame to the Houfe, with their Opinions which of them are fit
to be revived and continued.
Ordered, That a Committee of Trade be appointed of the following Perfons:
M'' Benjaiiiiii Harrifon,
M" Mofeley, M' Marfhall,
M' Chrifiian, M'' Hamilton,
M'' Upfhaw, M"" Blagrave,
M' Whthng, M"" Hutchings,
M"" Lemuel Riddick, M"" Veal,
W Simp f on, M"" Bradley,
M"" Greenhill, M'' Lends,
M"" John Smith.
And they are to meet and adjouni from Day to Day, and to take into their Confid-
eration all Things relating to the Trade of this Colony, and all Matters that fhall be
from Time to Time to them referred ; and to report their Proceedings, with their Opinions
thereon, to the Houfe. And the faid Committee are to have Power to fend for Perfons,
Papers and Records, for their Information.
Ordered, That M'' George Davenport be continued Clerk to the Committees of Privi-
leges and Eledlions, and Propofitions and Grievances; M"" Miles Gary, Clerk to the
Committee of Claims; M^ Thomas Everard, Clerk to the Committee for Courts of Juftice;
and M'' Hind Rnffell, to the Committee of Trade ; and that they give their Attendance
accordingly.
On a Motion made,
Ordered, That the Letters received by the Committee of Correfpondence from
Edivard Montague, Efq ; and all their Proceedings, be laid before the Houfe.
A Petition of Sarah Lovell, fetting forth that in the Year 1748 her Hufband Richard
Lovell enlifted as a Soldier in the Virginia Regiment; in which Service he was taken
fick and died, leaving her and two Children in a very deftitute Condition; that whilft
file was able fhe ufed the utmoft of her Power to maintain them, but being feized with
a Dif temper in her Mouth, by which fhe has loft the whole of her imder Jaw, is rendered
entirely incapable of continuing that Support as formerly ; that fhe applied to the Veftry
of the Parifli in which fhe lives for Relief, but without Effecft; and praying that this
Houfe will take her forlorn Condition into Confideration, and grant her fuch Relief as
fliall be thought reafonable, was prefented to the Houfe and read; and the Oueftion
being put that the faid Petition be referred to a Committee,
It paffed in the Negative.
Refolved, That the faid Petition be rejedled.
A Petition of William Ingles, praying that a Ferry may be eftabliflied on his Land,
over the New River, near the Dunkers Bottom ; that the faid Ferry will be very conven-
ient to the Inhabitants beyond the New River, and to all Perfons concerned in trading
with the Cherokees from this Colony.
Alfo a Petition of William Tyler, fetting forth, by an Adl of Affembly made in the
33'! Year of the Reign of his late Majefty King Ceorgc II, a publick Ferry was appointed
to be kept by the faid Tyler, from his Landing, in the County of Weftmoreland, over
Potowmack, to Cedar Point, in the Province of Maryland, at the Rates in the faid Adl
mentioned; that the Petitioner hath ever fince fupported the faid Ferr)' at a great
Expenfe
10
[ 71 ]
Expenfe, but finds it impra(5ticable to continue it any longer at the low Rates allowed
by the faid Adl ; and praying the Confideration of this Houfe.
Alfo a Petition of John Bailey, Guardian of Jeremiah Garland Bailey, Son and Heir
of Stephen Bailey, deceafed, and fundry Inhabitants of the County of Weftmoreland,
fatting forth that the Ground whereon Yeocomico Warehoufes now ftand being originally
one Acre, the Property of the faid Infant, is now by the wafliing of the Shore fo reduced
that there fcarcely remains Room enough to place new Houfes, which are immediately
wanting, as the old ones are entirely gone to Decay, and by the faid wafhing of the Land
the Water is become fhallow, and the Landing thereby greatly injvu-ed ; and praying
that an Adt may pafs to enable the faid Bailey to build new Warehoufes at a Place called
the Neu) Landing, which is the Property of the faid Infant ; were feverally prefented
to the Houfe and read.
Ordered, That the faid Petitions be referred to the Confideration of the Committee
of Proportions and Grievances; that they examine into the Allegations thereof, and
report the fame, with their Opinions thereon, to the Houfe.
A Petition of John Gatewood and others. Legatees, claiming iinder the Will of John
Gatewood, deceafed, fetting forth that in 7a)n<or3' 1 761 To;;?, a Negi'o Man Slave belonging
to the faid Legatees, was apprehended and committed to the Gaol of the faid County,
with another Negro for Burglarv^: On the Trial the other Fellow confeffed the Fadt,
and faid Tom was with him aiding and affifting, he was condemned and fuil'ered Death ;
but Tom artfully denied the Whole, and there being no fufficient Proof againft him,
efcaped with only corporal Pimifhment, but by the Inclemency of the Weather while
in Prifon was fo froft bitten, notwithftanding all poffible Care was taken of him, that
his Legs were cut oft", and he in a fliort Time after died ; and praying the Confideration
of the Houfe, was prefented to the Hovife, and read.
Ordered, That the faid Petition be referred to the Confideration of the Committee
of Claims; that they examine into the Allegations thereof, and report the fame, with
their Opinions thereon, to the Houfe.
Several Claims of John Coomhes, Robert Long, Benjamin Burchen, Charles Harris,
William Hammond, James Breedlove, Tandy Dix, William Wright, Benjamin Collier,
William Perkinfon, William Bates and Samuel Faucet, for taking up Rimaways therein
mentioned.
Alfo a Claim of John Hickie, for Provifions found by him for Capt. Wade's Com-
pany and feveral Indians, were feverally prefented to the Houfe and received, and re-
feiTed to the Confideration of the Committee of Claims.
Ordered, That the Confideration of the Govemoiur's Speech be put off until Monday.
And then the Houfe adjourned until Tomorrow Morning 11 "'clock.
IFviba^, tl)e 5tl) of 5lovember. 3 (5eo, III. 1762.
A Petition of John Buchanan, praying that a Ferry may be eftablifhed on his Land
in Augufta, inftead of the Land of William Ingles, was prefented to the Houfe,
and read.
Ordered, That the faid Petition be referred to the Confideration of the
Committee of Propofitions and Grievances, that they examine into the Allegations
thereof, and report the fame, with their Opinions thereon, to the Houfe.
Two Claims of John James, for taking up Rvmaways therein mentioned, were fev-
erally prefented to the Houfe and received, and referred to the Confideration of the Com-
mittee of Claims.
M'' Pendleton reported that the Perfons to whom the Petition of William Talbot was
referred have examined into the Allegations thereof, and find them to be true, and have
come to the following Refolutions thereon; which he read in his Place, and then deliv-
ered in at the Table, where it was twice read, and agi^eed to by the Houfe, as follows:
Refolved
[ 72 ]
Refolvcd, That the faid William Talbot ought to be paid the Svim of £60 by the
Pubhck, in Confideration of the Wounds he received in the Ser\-ice of this Colony, and
the Hardfhips he endured in his Captivity.
Ordered, That it he an Inftruclion to the Committee of Claims to make an Allow-
ance to the faid Talbot in the Book of Claims, purfuant to the faid Refolution.
M'' Attorney reported that the Committee had, according to Order, waited on the
Govemour to know his Pleafure when this Houfe fhould attend him with their Addrefs
and that he was pleafed to appoint this Day ; and to fay he would fignify by a Meffage
to the Houfe when he was ready to receive it.
M'' Edmund Pendleton, from the Committee of Courts of Jtiftices, reported that the
faid Committee had, according to Order, infpedted the Journals of the 7"^ Seffion of the
laft General Affembly, and the i^', 2^ and 3<^, Seffions of this prefent General Affembly ;
and have prepared, and drawn up, a State of the Matters then depending and imdeter-
mined, and the Progreis that was made therein; and had agreed on a Report, which
he read in his Place, and then delivered in at the Table, where the fame was again
read, and is as follows:
That a Petition of fundr>' Inhabitants of the County of Hampfhire, praying that an
Adl may be paffed for eftablifhing a Town on the Land of the Right Honourable the
Lord Fairfax, in that County, called Tucker's Plantation, was prefented to the Houfe,
and read, and referred to the Confideration of the next Seffion of Affembly.
That it appears to this Committee that the Petition of fundry Inhabitants of the
Counties of James and Charles City, praying that the Warehoufes for the Infpedlion
of Tobacco at Hog Neck may be difcontinued, being very inconvenient to Navigation,
and that new Warehoufes in the Stead thereof may be eftabliChed at Barrett's Ferry
on the Mouth of Chickahomony River.
Alfo a Petition of fundry Inhabitants of James City County, in Opposition thereto-
Alfo a Petition of fundry Inhabitants of the Counties of James City and Surry, and
other Places on James River, praying that publick Warehoufes for the Infpedlion of
Tobacco may be eftablifhed at James Town, on the Land of John Ambler, Efq; as a
Place very convenient to the Planter and Shipper, and particularly in Cafe of relanding
Tobacco after Infpedlion and fhipping, which frequently happens there.
Alfo a Petition of fundry Inhabitants of the Parifh of Accomack, in the County of
Accomack, praying that the faid Parifh may be divided.
Alfo a Petition of fundry Inhabitants of the faid Parifh, in Oppofition thereto.
Alfo a Petition of fundry Inhabitants of the Parifli of Frederick, in the County of
Frederick, praying that the faid Parifh may be divided.
Alfo a Petition of fundry Inhabitants of the lower End of St. Mary's Parifli, in the
County of Caroline, praying that part of the faid Parifh may be added to the Parifh of
St. David's, in the County of King William.
Alfo a Petition of fundry Inhabitants of the faid Parifli of St. David's, to the same
Purpofe.
Alfo a Petition of fundry Inhabitants of the County of King and Queen, praying
that a Town may be eftabliflied at Todd's Warehoufes, in the faid County, were referred
to the Committee of Propofitions and Grievances, to examine into the Allegations thereof
and report the fame, with their Opinions thereon; that the faid Committee reported,
and which was agreed to by the Houfe, that the "faid Petition ought to be referred to
the Confideration of the next Seffion of Affembly.
That a Petition of fundry Inhabitants of the Counties of Amherft and Buckingham,
letting forth that before their Divifion from the County of Albemarle, a complete Set
of Weights and Meafures of the Englifh Standard had been purchafed for the Ufe of the
County, of which they paid their proportionable Part; and praying that the Inhabi-
tants of the faid County of Albemarle may be obliged to reimburfe them, was prefented
to the Houfe and read, and referred to the Confideration of the next Seffion of Affembly.
That a Petition of fvmdry Merchants on Rappahannock River, complaining that they
are greatly impofed on by a Sort of Men called Pilots, who exadl exorbitant Fees ; and
praying
[ 73 ]
praying that a late Adl of Affembly for eftabliChing the Rates of Pilotage, which expired
fome time ago, may be revived.
Alfo a Petition of fundry Inhabitants of the Parifh of St. Anne, in the County of
Albemarle, letting forth that before the Lines were ran for dividing the faid County
purfuant to a late Adt of Affembly, and without any Notice given, the Sheriff of the faid
County affembled a few of his Neighbors to eledl a Veftry for the faid Parifh, and accord-
ingly they eledted a Yeitry, feveral of whom were neither Freeholders or Houfekeepers
there ; and praying that the faid Veftry may be diffolved, were prefented to the Houfe
and read, and referred to the Confideration of the next Seffion of Affembly.
That a Petition of M'' James Wallace, complaining of an undue Ele(?tion and Retvim
of M'' William Wager to ferv^e as a Btu-gefs in this prefent General Affembly for the
Cotmty of Elizabeth City.
Alfo a Petition of M"" John Leigh, complaining of an imdue Ele(5lion and Return of
M'' Peter Le Grand to ferve as a Burgefs in this prefent General Affembly for the County
of Prince Edward.
12 Alfo a Petition of M"' John Clack, complaining of an undue Eledlion and Return of
M'' Isaac Row Walton to ferve as a Bvugefs in this prefent General Affembly for the
County of Brunfwick.
Alfo a Petition of M'' Henry Peyton, complaining of an tmdue Ele<5lion and Return
of M'' John Baylis and M'' Henry Lee to ferve as Burgeffes iri this prefent General Affem-
bly for the County of Prince William ; were feverally prefented to the Houfe and read,
and referred to the Committee of Privileges and Eledlions, to examine into the Allega-
tions thereof, and report the fame, with their Opinions thereon, to the Houfe: That
the faid Committee reported they had had under their Confideration the Petition of the
faid AI'' Wallace to them referred, and had come to feveral Refolutions thereon, which
were read, and agreed to by the Houfe, as follows : That the Perfons who voted at the
faid EleAion, whofe Freeholds are queftioned either by the Petitioner or fitting Member
be examined on Oath before John Tabb, Cary Seldon, Charles Jennings, George Wray,
James Balfotir, Jacob Wray and David Wilfon Curl, of the faid County of Elizabeth City,
Gentlemen, or any 3 of them, whether they be Freeholders or not, except fuch of them
as did fwear to their Freeholds at the Eledlion.
That the Petitioner and fitting Member be at Liberty to examine Witneffes before
the fame Perfons as to the Freeholds or other Qualifications of any Perfon who voted
at the faid Eledlion, or fliall fwear to the fame at the Examination; and that it be an
Inftrudlion to the Perfons before whom fuch Examinations are to be taken to examine
how long fuch Voters have been in Poffeffion of, and paid Quitrents for, the Lands or
Tenements in Right of which they voted at the Eledlion, and that they return the Dep-
ofitions they fhall take to the next Seffion of Affembly.
That the Petitioner give the fitting Member 10 Days Notice of the time and Place
when and where he intends to examine his Witneffes, alfo a Lift in Writing of the Names
of the Voters he intends to except to, diftinguifhing againft each Name the feveral Heads
of Exception, and that the fitting Member do the like to the Petitioner.
That as well the Petitioner as the fitting Member be at liberty to examine Witnef-
fes before the fame Perfons as to the Sheriff's Agreement to defer clofing the Poll by the
Confent of the Candidates, and afterwards to poftpone it until Sunfetting, and as to his
being informed before he clofed the Poll that 2 Freeholders were on their Way to the
Courthoiife, and the Diftance they were from the Courtho-ufe when the Poll was clofed, and
as to the Time when the Poll was clofed ; and alfo to examine the Reverend M'' Warring-
ton, and the 2 Freeholders above mentioned, and any other Witneffes, on Oath, as to
their Intentions and Declarations to vote for any and which of the Candidates ; and that
the further Confideration of the faid Petition fhould be referred to the next Seffion of
affembly.
The faid Committee alfo reported that they had had imder their Confideration the
Petition of the faid M"" Leigh to them referred, and had come to feveral Refolutions there-
on; which were read, and agreed to by the Houfe, as follows:
That
[ 74]
That the Perfovs who voted at the faid Eledlion, whofe Freeholds are queftioned
either by the Petitioner or fitting Member, be examined on Oath before John Nafh the
elder, Thomas Scott, John Morton, Henry Watkins and Abner Nafh, of the faid County of
Prince Edward, Gentlemen ; or any 3 of them, whether they be Freeholders or not, ex-
cept fuch of them as did fwear to their Freeholds at the Election.
That the Petitioner and fitting Member be at Liberty to examine Witneffes before 13
the fame Perfons as to the Freehold of any Perfon who voted at the faid Ele(5lion, or
fhall fwear to the fame at the Examination ; and that it be an Inftrudlion to the Per-
fons before whom fuch Examinations are taken to examine how long fuch Voters have
been in Poffeffion of, and paid Quitrents for, the Lands or Tenements in the Right of
which they voted at the Elecftion ; and that they return the Depofitions they fhall take
to the next Seffion of Affembly.
That the Petitioner give to the fitting Member 10 Days Notice of the Time and
Place when and where he intends to examine his Witneffes, alfo a Lift in Writing of the
Names of the Voters he intends to except to, diftinguifhing againft each Name the fev-
eral Heads of Exception ; that the fitting Member do the like to the Petitioner, and that
the further Confideration of the faid Petition fhould be referred to the next Seffion of
Affembly.
The faid Committee alfo reported that they had had under their Confideration the
Petition of the faid M"" Clack, to them referred ; and had come to feveral Refolutions
thereon, which were read, and agreed to by the Houfe, as follows:
That the Per f cms who voted at the faid Eledlion, whofe Freeholds are queftioned
either by the Petitioner or fitting Member, be examined on Oath before John Willis,
Nathaniel Edivards, Nicholas Edmunds, Drnry Stith and John Maclin, of the County of
Brimfwick, Gentlemen, or any three of them, whether they be Freeholders or not, except
fuch of them as did fwear to their Freeholds at the faid Eledlion : That the Petitioner and
fitting Member be at Liberty to examine Witneffes before the fame Perfons, as to the
Freehold of any Perfon who voted at the faid Eledlion, although fuch Perfons fwore
to their Freeholds at the Eledlion, or fhall fwear to them at the Examination ; and that
it be an Inftrudlion to the Perfons before whom fuch Examinations are taken to exam-
ine how long fuch Voters have been in Poffeffion of, and paid Quitrents for, the Lands
or Tenements in Right of which they voted at the Eledlion ; and that they return the
Depofitions they fliall take to the next Seffion of Affembly.
That the Petitioner give to the fitting Member 10 Days Notice of the Time and Place
when and where he intends to examine his Witneffes, alfo a Lift in Writing of the Names
of the Voters he intends to except to, diftinguifhing againft each Name the feveral Heads
of Exception ; that the fitting Member do the like to the Petitioner, and that the further
Confideration of the faid Petition fhould be referred to the next Seffion of Affembly.
And the faid Committee aKo reported that they had had under their Confideration
the Petition of the faid M'' Peyton to them referred, and had come to feveral Refolutions
thereon, which were read, and agreed to by the Houfe, as follows :
That the faid Petition be examined into before the Committee of the next Seffion
of Affembly: That the Petitioner do fome Time before the next Seffion of Affembly
give to the fitting Member a Lift in Writing of the Names of the Voters he intends to
except to, dif tinguifliing againft each Name the feveral Heads of Exception ; that the
fitting Member do the like to the Petitioner, and that the further Confideration of the
faid Petition fhould be referred to the next Seffion of Affembly.
That a Memorial of M'' William Peachey, fetting forth that he entered into the Ser-
vice of this Colony as an Officer in the Regiment in September 1755, and continued in
the Ser\dce until February 1760, during which Time, and efpecially the 2 laft Years, he
fpent a great deal more Money than the whole Amount of his Pay, which was not fuffi- 1*
cient to fupport him in the Rank of the Commiffion he bore ; and praying the Confider-
ation of the Houfe therein, was prefented to the Houfe and read, and referred to the Con-
fideration of the next Seffion of Affembly.
That
[75]
That the Houfe being informed that Howfon Hooe, Gentleman, Sheriff, and Levin
Powell, Sub Sheriff, of the County of Prince William, did, in the Execution of their faid
Office, at the late Eledlion of Burgeffes for the faid County, behave in moft Inftances of
their Condudl, throughout the whole Ele(5tion, illegally and unjuftly, contrary to the
Truft repofed in them, and adted with the greateft Partiality in taking the Poll ; the
faid Information was referred to the Confideration of the Committee of Privileges and
Eledlions, to examine into the Allegations thereof, and report the fame with their Opin-
ions thereon, to the Houfe ; and that no Report has been made thereon.
Alfo a Petition of fvmdry Inhabitants of the Parifh of Truro, in the Coimty of Fair-
fax, in Oppofition to a Petition for dividing the faid Parifh, was prefented to the Houfe
and read, and referred to the Confideration of the next Seffion of Affembly.
That a Petition of fundry Inhabitants of the upper Part of the Coimty of King and
Queen, praying that the faid Coimty may be divided, and Part thereof added to the
County of Caroline, by certain Lines therein particularly expreffed.
Alfo a Petition of fundry Inhabitants of the County of Effex, praying that an Adl
may pafs for eftablifhing a Town on the Land of Thomas Ley, near Leyton's Warehoufe,
in the faid County; were feverally prefented to the Houfe and read, and referred to the
Confideration of the next Seffion of Affembly.
That the feveral Claims of William Tomlinfon, Benjamin Clark, John Pulliam,
Thomas Lane, AbelStears, William Simp f on, John Chiles, James Swain, Michael Thomas,
Thomas Fitzpatrick, Thomas Chew, William Ball, John Mallory, Levin Powell, Affignee
of William Atterbury, Richard Oglefby, John Gladdin, Nathaniel Crawley, Charles Reeves,
William Symmonds, Jofeph Warwick, Samuel Meredith, Humphrey Burdett, Martin
Vaughan, John Miller, Junior, Jofias Plunket, Thomas Smith, Ambrofe Bullard, Samuel
Allen, Thomas Lloyd, Charles Burton, Jeffe Burton, Almorene Bryan, Conftantine
Rock, Daniel Coleman, Zachariah Taylor, Thomas Toombs, William Hicks,
Rogers, William Hicks, Henry Collier, Thomas May, John Pride, Richard Jones, Wil-
liam Pegram, Thomas Monday, Ambrofe Greenhill, William Keeling, John Vance, John
Camp, Executor of George Camp, and John Coles, for taking up Runaways, and for fun-
dry publick Ser\''ices, were prefented to the Houfe and received, and referred to the Con-
fideration of the next Seffion of Affembly.
It aKo appears to this Committee that all fuch Propofitions and Claims as were cer-
tified to the 3 laft Seffions of Affembly were referred to the Confideration of this prefent
General-Affembly.
Ordered, That the Petition of JamesWallace,covciY>^a.{m.ngoi an undue Eledlion and
Return of M"' William Wager to ferv'e as a Burgefs in this prefent General Affembly for
the County of Elizabeth City; aKo the Petition of M'' John Leigh, complaining of an undue
Election and Return of M"" Peter Legrand to ferve as a Burgefs in this prefent General-
Affembly for the County of Prince Edward; alfo the Petition of W John Clack, com-
plaining of an undue Election and Return of M'' Ifaac Row Walton to serv^e as a Burgefs
in this prefent General Affembly for the County of Brunfwick; and the Petition of M""
Henry Peyton , complaining of an undue Election and Return of M'' Henry Lee to ferve
16 as a Burgefs in this prefent General Affembly for the Coimty of Prince William;
feverally mentioned in the faid Report, be referred to the Committee of Privileges and
Eledlions ; That all publick Claims referred from the feveral Seffions of Affembly, in the
faid Report expreffed, to the Confideration of this Seffion of Affembly ; aKo the Petition
of M'' William Peachey, therein fet forth ; be referred to the Committee of Claims.
That the Petition of fundry Merchants on Rappahannock River, praying that a
late A(5l of Affembly for eftablifhing the Rates of Pilotage, which expired fome Time
ago, aKo mentioned in the faid Report, be referred to the Committee of Trade ; and that
the feveral Propofitions therein mentioned, referred to the Confideration of this Sef-
fion of Affembly, be referred to the Committee of Propofitions and Grievances.
A Petition of fundry Inhabitants of the County of Southampton, fetting forth that
it will be very convenient for great Part of the Inhabitants of the faid County, Nanfe-
mond
[ 76]
mond and Ijle of Wight, as well as to a great Number of the Inhabitants of North Caro-
lina, trading to this Colony, if a Bridge was eredted over Nottoway River, at Colonel
Jeffe Brown's Landing; and praying that an A(5l may pafs for that Purpofe.
Alfo a Petition of the Infpedtors of Con fiance Warehoufe, in the County of Nan-
femond, letting forth that at the firft Eftablifhment of that Infpedtion their Salaries
were fettled at £t,o per Annum, fmce which Time their Bufmefs is greatly increafed;
and praying the Houfe to make them fuch Satiffadtion as fhall feem reafonable.
Alfo a Petition of the Infpedtors at Blandford Warehoufe, in the County of Prince
George, fetting forth that their prefent Salary is not fufficient to enable them to perform
the Duty of their Office ; and praying fuch further Allowance may be made them as to
this Houfe fhall appear reafonable.
Alfo a Petition of Thomas Wood, fetting forth that he lately contradted with the
Veftry of St. Patrick's Parifh, in the County of Prince Edward, to build a Church for the
faid Parifh, and had carried on the Building to a confiderable Amount, when by Acci-
dent it was burnt down, and totally deftroyed, which has reduced the Petitioner to great
Diftrefs; that the Veftry would very willingly relieve him, by making his Lofs a paro-
chial Charge, were they empowered fo to do ; and prayng that an Adl may pafs for that
Purpofe.
That a Petition of the Truftees, and fundry Inhabitants, of the Town of Alexandria,
praying that an Adt may pafs to enlarge the Bounds of the faid Town.
Alfo a Petition of the Infpedtors at Colonel Robert Boiling's Warehoufe, in the County
of Dinwiddie, fetting forth that the Quantity of Tobacco brought to the faid Warehoiife
is of late greatly increafed, and their Trouble of Courfe augmented ; and praying that
their Salaries may be enlarged.
Alfo a Petition of the Proprietors and Inhabitants of the Town of Blandford, in the
Covin ty of Prince George, fetting forth that the faid Town fmce its Eftablifliment,
hath been confiderably improved, and would more and more improve, and the Trade
thereof be greatly increafed, if Truftees were appointed for diredting and regulating the
faid Town; the Proprietors obliged to build on their Lots, and the Inhabitants pre-
vented from raifmg and keeping Hogs at large within the Limits of the faid Town ; and
praying that an Adt may pafs for that Purpofe, were feverally prefented to the Houfe,
and read.
Ordered, That the faid Petition be referred to the Committee of Propofitions and
Grievances ; that they examine into the Allegations thereof refpedtively and report the
fame, with their Opinions thereon to the Houfe.
A Meffage from the Govemour was delivered by M"" Walthoe. u
M"' Speaker,
I am commanded by the Govemour to acquaint this Houfe that his Honour is now ready
to receive their Addrefs in the Council Chamber.
Accordingly M'' Speaker, with the Houfe, went up; and being returned, reported
that he, with the Houfe, had attended the Govemour in the Council Chamber, and pre-
fented the Addrefs of this Houfe to him, to which he was pleafed to anfwer:
M'' Speaker, and Gentlemen of the Houfe of Burgeffes,
Your Expreffions of Loyalty and Fidelity to his Majefty give me the greateft Satif-
jadion, for which I return you my hearty Thanks; and I make no Doubt but your Affur-
ances that your future Adions fhall be influenced by thefe Motives will be produdive of frefh
Proofs of that Zeal in his Service for which your former Condud has obtained fo much Rep-
utation and Honour.
And then the Houfe adjourned until Tomorrow Morning 1 1 "'Clock.
5atur5a^
[ 77 ]
Satur^a^. tl)c 6t^ of 5lovember, 3 (5eo. Ill 1762.
A New Member having taken the Oaths appointed to be taken by Ad of Parliament,
inftead of the Oaths of Allegiance and Supremacy, and taken and fubfcribed
the Oath of Abjuration, and alfo fubfcribed the Teft, was admitted to his Place
in the Hoiife.
Ordered, That M'' Landon Carter be added to the Committee of Privileges and Elec-
tions, Propofitions and Grievances, and Courts of Juftice ; M"" Parramore and M'' Thomas
Johnfon to the Committee of Claims ; M'' N elf on to the Committee of Propofitions and
Grievances ; M'' Henry Lee to the Committee of Propofitions and Grievances, and Courts
of Juftice ; and M"" Bunvell to the Committee of Privileges and Eledlions.
Several Claims of Gibb Chavis, Henry Batte, Jun. Thomas Harrifon, Robert Reeves
and Ifaac Anderfon, for taking up Rimaways therein mentioned, were feverally pre-
f en ted to the Hoiife and received, and referred to the Committee of Claims.
A Petition of ftmdry Inhabitants of Elizabeth City Cotmty, in Oppofition to a Peti-
tion for building a Bridge over Back River, at the Place in the faid Petition mentioned ;
and praying that the faid Petition be rejeded, was prefented to the Houfe and read.
Ordered, That the faid Petition be referred to the Confideration of^the Committee of
Propofitions and Grievances ; that they examine into the Allegations thereof, and report
the fame, with their Opinions thereon, to the Houfe.
A Petition of Robert Hunnicutt, of the County of Prince George, fetting forth that a
Slave belonging to the Petitioner having committed a Murder was outlawed, and after-
wards killed by the Nottoway Indians ; and praying to be allowed for the faid Slave, was
prefented to the Houfe and read.
Ordered, That the faid Petition be referred to the Confideration of the Committee of
Claims; that they examine into the Allegations thereof, and report their Opinions there-
on to the Houfe.
On a Motion made.
Ordered, That Leave be given to bring in a Bill For the more effectual keeping the
pubHc Roads and Bridges in Repair ; and it is referred to M"" Bland and M"" Landon Carter
to prepare and bring in the fame.
17 A Claim of John Willia^ns, for taking up a Rtmaway therein mentioned.
Alfo fundry Accounts from divers Perfons of the County of Bedford, for Provifions
fumifhed the Militia drawn out into adlual Service, and for other Pufpofes therein men-
tioned, were feverally prefented to the Houfe and received, and referred to the Confid-
eration of the Committee of Claims.
A Petition of James Callaway, of the Coimty of Bedford, fetting forth that in the
Year 1758 a Party of Cherokee Indians, on their Rettun Home from Winchefter, came
into his Houfe, and forcibly took from thence a Rifle Gun, of the Value of £4, together
with a Shot Bag, Powder Horn and a Snaffle Bridle, to the Value of 7 . 6s. and hath never
received any Satiffadtion for the fame ; and praying the Houfe to take his Cafe into Con-
fideration, was prefented to the Houfe and read.
Ordered, That the faid Petition be referred to the Confideration of the Committee
of Claims; that they examine into the Allegations thereof, and report their Opinion
thereon to the Houfe.
A Petition of Nicholas Davis, of the County of Bedford, praying that a Ferry may
be eftablifhed acrofs the Fluvannah River, from the Petitioner's Land, near the Mouth
of Tuckahoe Creek, in the Coimty of Bedford, to his Land on the Oppofite Shore, was
prefented to the Houfe and read.
Ordered, That the faid Petition be referred to the Confideration of the Committee of
Propofitions and Grievances that they examine into the Allegations of the faid Petition,
and report their Opinion thereon to the Houfe.
Ordered
[78]
Ordered, That the Committee of Propofitions and Grievances be difcharged from
proceeding any further in their Inquiry into the feveral Infpe(5tors Petitions for Increafe
of their Salaries, and the Petitions do lie on the Table.
Three Petitions of fundry Inhabitants of the Counties of Chefterfield, Dinwiddie,
Amelia and Cumberland, fetting forth that they have laboiired under the greateft Hard-
fhips from the Scarcity of Grift Mills, until they were relieved by the few lately built on
the main Stream of Appomattox River; and as the late Adt of Affembly concerning Mill
Dams, &c. has a Tendency to deprive the Petitioners the Advantage attending the Sit-
uation of the faid Mills, by obliging the Owners to cut their Dams, fo that in dry Weather
they will be ufelefs, and deterring others from building Mills thereon, that no Fifh can
be caught in the faid River but by Slopes or Mill Dams ; and fhould they be deftroyed,
no Benefit can be obtained from the few Fifh in the faid River ; and praying that every
Perfon keeping a Mill Dam, or Slope, may keep a Lock, to facilitate the Navigation of
the faid River, allowing the Proprietors of the fame to take fuch Toll from loaded Canoes
as may repay the Expenfes thereof, and that the former law may be repealed, was pre-
fented to the Houfe and read.
Ordered, That the faid Petition be referred to the Conlideration of the Committee
of Propofitions and Grievances ; that they examine the Allegations thereof refpedlively,
and report their Opinion thereon to the Houfe.
Ayid then the Houfe adjourned until Monday Morning ii °'Clock.
5lloa6aY» t^e $t^ of 5lovember, 3 (&co. Ill 1762.
ORDERED, That M"" Woodbridge be added to the Committee of Privileges and Elec-
tions, and Propofitions and Grievances.
Several Claims of Peter Harwood, William Ran kins and Henry Williams for
taking up Runaways therein nientioned.
Alfo fundry Accounts of William Ramfay, for Provifions fumifhed the Militia drawn
out into adtual Service; were feverally prefented to the Houfe and received, and re-
ferred to the Confideration of the Committee of Claims.
A Petition of Jofeph Stewart and Michael Robinfon, Infpedlors at Royfton's Ware-
houfe, in the Town of Frederickfburg, praying that their Salaries may be augmented,
was prefented to the Houfe and read, and ordered to lie on the Table.
A Petition of Chriftopher Lawfon, of the Coimty of Richmond, praying to be allowed
for a Slave who was outlawed and killed, was prefented to the Houfe and read.
Ordered, That the faid Petition be referred to the Confideration of the Committee of
Claims; that they examine into the Allegations thereof, and report the fame, with
their Opinions thereon, to the Houfe.
On a Motion made,
Ordered, That an Addrefs be made to his Honour the Govemour that the Guard
appointed for the Magazine in the City of Williamfbnrg be dif continued, it being at this
Time, in the Opinion of this Houfe, an unneceffary Expenfe to the Country ; and that
M"" Bland do wait on him with the faid Addrefs.
Sundry Accounts from divers Perfons of the Coimties of Augufta and Lancafter, for
Provifions fumifhed the Militia drawn out into adlual Service, were feverally prefented
to the Houfe and received, and referred to the Confideration of the Committee of Claims.
On a Motion made,
Ordered, That Leave be given to bring in a Bill For regulating the Fees and Charges
of Perfons practifing in Phyfick, Surgery and Midwifery, in this Colony ; and it is re-
ferred to M'' London Carter and M"" Richard Henry Lee, to prepare and bring in the fame.
On a Motion made.
Ordered, That Leave be given to bring in a Bill For fettling the Bounds between the
Parifhes of Martin Brandon and Briftol, in the County of Prince George; and it is referred
to M'' Bland to prepare and bring in the fame.
M^
18
19
[79]
M"" Attorney, from the Committee of Propofitions and Grievances, reported that the
Committee had had under their Confideration feveral Propofitions and Petitions from
feveral Coimties to them referred, and had come to feveral Refolutions thereon ; which
he read in his Place, and then delivered in at the Table, where they were again twice
read, and are as follow:
Refolved, That it is the Opinion of this Committee that the Petition of William In-
gles, praying that a Ferry may be eftablifhed from his Land over the New River, in the
Coimty of Angnfta, near the Bunkers Bottom, to the oppofite Shore is reafonable.
Refolved, That it is the Opinion of this Committee that fo much of the Petition of
John Bucltanan in Oppolition thereto, and praying that a Ferry may be eftablifhed from
his Land over the faid River, about one Mile and a Half higher up than the Land of the
faid Ingles, in the faid County, be reje(5ted.
Refolved, That it is the Opinion of this Committee that the Refidue of the Petition
of the faid John Buchanan , praying that Ferries may be eftablifhed over the faid River,
as well from his own Land as the Land of the faid William Ingles, and that they may
both be obliged to clear and keep in Repair the Roads leading thereto refpedtively, at
their own Expenfe, be rejedted.
Refolved, That it is the Opinion of this Committee that the Petition of Thomas Wood
praying that an Adt may pafs to empower the Veftry of the Parifh of St. Patrick, in the
Coimty of Prince Edward, to levy Money on the Parifhioners of the faid Parifh, to make
him Satiffadtion for the Expenfes he has been at in building a Church, which was burnt
down before it was finifhed, is reafonable.
Refolved, That it is the Opinion of this Committee that the Petition of fundry In-
habitants of the Counties of Southampton, N anfemond and Ifle of Wight, praying that
an Adl may pafs to appoint and empower Truftees to take and receive Subfcriptions for
building a Bridge from the Land of Jeffe Brown, in the County of Southampton, over
Nottoway River, is reafonable.
Refolved, That it is the Opinion of this Committee that the Petition of John Bailey,
Guardian of Jeremiah Garland Bailey, Son and Heir of Stephen Bailey, deceafed, and
other Freeholders and Houfekeepers in the County of Weftmoreland, praying that an
Adt may pafs for removing the publick Warehoufes on Yeocomico River, from the Place
where they now ftand, to a Place called the New Landing, on the faid River is reafonable.
Refolved, That it is the Opinion of this Committee that the Petition of fundry In-
habitants of the Coimty of Hampfhire, praying that an Adl may pafs for eftabhfliing a
Town on the Land of the Right Hon. the Lord Fairfax, at a Place called Tucker's Plan-
tation, in the faid County, is reafonable.
Refolved, That it is the Opinion of this Committee that the Petition of fundry In-
habitants of the Coimty of Effex, praying that an Adl may pafs for eftablifhing a Town
on the Land of Thomas Leigh, an Infant, near Laytan's Warehoufe, in the faid County,
be rejedled.
Refolved, That it is the Opinion of this Committee that the Memorial of Colonel
William Peachey, praying that he may be allowed fome Compenfation for the Expenfes
of keeping a Table while he had the Command of the Frontier Battalion, in the Service
of this Colony, is reafonable; and that he ought to be allowed the Sum of ;i^35o, as a
Satiffadlion for his faid Expenfes.
Refolved, That it is the Opinion of this Committee that fo much of the Petition of
fundry Inhabitants of the Counties of New Kent and Charles City, praying that the
Adl of Affembly, entitled. An Ad' concerning Strays, may be amended, is reafonable.
The fix firft Refolutions being read a fecond Time, and the Queftion feverally put
that the Houfe agree thereto,
Refolved in the Affirmative.
The five laft Refolutions being alfo read a fecond Time, and the Queftion put that
the Houfe agree thereto,
It paffed in the Negative.
Ordered, That the fame be recommitted to the faid Committee
Ordered
■ Hening, VI, p. 133.
[8o]
Ordered, That it be an Inftrudtion to the faid Committee to prepare and bring in a
Bill or Bills purfuant to the i ", 4*^, s*** and 6*, Refolutions.
Ordered, That the Confideration of the Governor's Speech be put of until Tomorrow.
A Petition of John Carlyle, fetting forth that Robert Diminddie, Efq ; late Govem-
our of this Colony, by Commiffion under the Seal of the Colony, bearing the Date the
27* Day of January, 1754, appointed the Petitioner Commiffary of Provifions and
Stores for an Expedition then intended to the River Ohio, with full Power and Authority
to appoint fuch and fo many Deputies to be aiding and affilting, for the more expedi- 20
tious tranfporting the faid Provifions and Stores to the aforefaid Fort, as fhould be found
expedient for the Service: That he took on him the faid Office of Commiffary, and ap-
pointed one William Cox of Winchefter one his Deputies ; that the faid Cox ferved as fuch
until his ordinary Wages amounted to ;£35, which the Petitioner hoped would have been
paid him by the Committee appointed to fettle and adjxift fuch Claims ; but by fome
Means or other the Payment was negleded, and the faid Cox hath fmce brought Suit in
the General Court, and recovered a Judgment againft him for the faid £^S' ^^^ Cofts
of Suit, amounting to 470 lbs. of Tobacco, and 505. and praying the Confideration of the
Houfe, was prefented to the Houfe and read.
Ordered, That the faid Petition be referred to the Confideration of the Committee
of Claims ; that they examine into the Allegations thereof, and report the fame with their
Opinions thereon, to the Houfe.
M'' Bland, from the Committee of Privileges and Elections, reported that the Com-
mittee had had under their Confideration the Petition of M'' Henry Peyton, to them re-
ferred, complaining of an undue Eled;ion and Return of M"' John Baylis and M"' Henry
Lee to ferve" as Burgeffes in this prefent General Affembly for the County of Prince
William; and had come to the following Refolution thereon, which he read in his Place,
and then delivered in at the Table, where the fame was again twice read, and agreed to
by the Houfe, as follows :
Refolved, That it is the Opinion of this Committee that the Matter of the faid Peti-
tion be examined into before the Committee on Tuefday the 30* Inftant, and that in the
mean Time as well the Petitioner as the fitting Member, be at Liberty to examine and
take the Depofitions of fuch of their Witneffes refpe(5tively as are fick, infirm, or unable
to travel, giving each other reafonable Notice of the Time and Place appointed for taking
the fame.
M'' Bland alfo reported that the faid Committee had had under their Confideration
the Complaint againft Howfon Hooe, Sheriff, and Levin Powell, Sub Sheriff, of the faid
County of Prince William, for Mal-Pradtices in the Execution of their Offices at the Elec-
tion of Burgeffes for the faid County of Prince William, and had come to a Refolution
thereon.
Refolved, That the Matter of the faid Information be heard before the Committee
on Tuefday the 30* Inftant.
And then the Houfe adjourned until Tomorrow Morning 11 "'Clock.
^ue56ap» tl)e 9tl) of 5tovember. 3 (Beo. III. 1762.
A Claim of Martin Harding, of the Coimty of Fauquier, for Provifions fumifhed
fundry tributary Litdians.
Alfo 2 Accotmts of James Gunn, for the fame Ser\^ice.
Alfo an Account of John Camp, Executor of George Camp, deceafed, for
Provifions fumiflied by the Teftator for fundry tributary Indians, by Order of his Honour
the Govemour, were feverally prefented to the Houfe, and received.
Ordered, That the faid Claim and Accovmts be referred to the Committee of Claims ;
that they examine into the Allegations thereof, and report the fame, with their Opin-
ions thereon, to the Houfe.
Sundry
[8i ]
21 Stmdry Claims of George Murrell and William Trotter, Hugh Mofs, Gerard Ellyfon,
John Carter, Zachariah Allen, Edward Gary, William Harrifon and Mofes Dorden, for
taking up feveral Riinaways therein mentioned, were prefented to the Houfe and read,
and referred to the Confideration of the Committee of Claims.
A Petition of Henry Williams, fetting forth that in the Year 1760 he enlifted (under
recruiting Inftrudtions from his Honour the Govemour) 20 Men, to each of whom he
advanced the Bounty of ;£io, allowed by Law; that 4 of the faid Recruits were refufed,
for whom the Paymafter hath reftifed to reimburfe the Botinty, and the Charges attend-
ing the raifmg and fubfifting the faid 4 Men ; and praying the Confideration of the Houfe
therein, was prefented to the Houfe and read.
Ordered, That the faid Petition be referred to the Confideration of the Committee
of Claims; that they examine into the Allegations thereof, and report the fame, with
their Opinions thereon, to the Houfe.
A Petition of fundry Inhabitants of the County of Antherft, praying that a Ferry
may be eftablifhed over the Fluvannah River, from the Land of Cornelius Thomas, near
Mill Creek, on the North Side of the faid River, to the Land of Nicholas Davis, on the
oppofite Shore.
Ordered, That the faid Petition be referred to the Confideration of the Committee
of Propofitions and Grievances; that they examine into the Allegations thereof, and
report the fame, with their Opinions thereon, to the Houfe.
On a Motion made,
Ordered, That Leave be given to bring in a Bill To oblige all Captains or Command-
ers of Veffels, taking in Tobacco or Freight in this Colony, to make Publication of the
Freight they fhall fail at before their Loadings fhall be obtained ; and it is referred to M'"
Landon Carter to prepare and bring in the fame.
A Petition of feveral Ordinary Keepers and Freeholders of the Town of York, fet-
ting forth that the Adl, entitled. An Ad' for regulating Ordinaries, and Reftraint of Tip-
pling Houfes, as it now ftands, is becoming grievous and burthenfome, laying the Peti-
tioners under a Neceffity either of affronting their beft Ciiftomers, and thereby lofmg
their Bufmefs, or being in Danger of Ruin by the Lofs of their Debts, which they can
neither hinder others from contracting with them, nor afterwards receive by a due Courfe
of Law ; and praying that the faid Adt may be amended, was prefented to the Houfe
and read.
Ordered, That the faid Petition be referred to the Confideration of the Committee
of Propofitions and Grievances ; that they do examine into the Allegations thereof, and
report the fame, with their Opinions thereon, to the Houfe.
Svmdry Accounts for Provifions and other Neceffaries furnifhed the Forces in the
Service of this Colony, and for tributary Indians, in their marching through the Coimtry,
were prefented to the Houfe and read, and referred to the Confideration of the Committee
of Claims.
A Petition of Urfilla Rogers, praying fhe may be allowed for a Horfe fhot by the
Cherokee Indians in the Year 1759, on their March down to Fort Cumberland, valued at
;^7, was prefented to the Hoiife and read.
Ordered, That the faid Petition be referred to the Confideration of the Committee
of Claims ; that they do examine into the Allegations thereof, and report the fame, with
their Opinions thereon, to the Houfe.
A Petition of Robert M'Coun, late a Soldier in the Virginia Regiment, praying an
Allowance may be made him for the Lofs of his Arm, in the Service of this Colony, was
prefented to the Houfe and read.
Ordered, That the faid Petition be referred to the Confideration of M'' Gary and M""
Fleming; that they do examine into the Allegations thereof, and report the fame, with
their Opinions thereon, to the Houfe.
22 M"' Attorney, from the Committee of Propofitions and Grievances, reported that the
Committee had had under their Confideration divers Propofitions and Petitions from
feveral
' Hening, VII, p. 595.
[82]
feveral Counties, to them referred ; and had come to feveral Refolutions thereon, which
he read in his Place, and then delivered in at the Table, where they were again twice
read, and are as follows:
Refolved, That it is the Opinion of this Committee that the Petition of fimdry In-
habitants of the Coimty of Effex, praying that an Adl may pafs for eftablifhing a Town
on the Land of Thomas Lee, an Infant, near Layton's Warehoufe, in the faid Coimty, be
rejedted.
Refolved, That it is the Opinion of the Committee that fo much of the Petition of
fundry Freeholders and Inhabitants of the Counties of Chefterfield, Dinwiddle, Amelia
and Cumberland, praying that every Perfon keeping a Mill Dam or Slope on the River
Appomattox may be obUged to keep a Lock therein, to facilitate the Navigation of the
faid River ; and that the Adt of Affembly made in the firft Year of his prefent Majefty's
Reign, entitled. An Ad • to oblige the Owners of Mills, Hedges, or Stone Stops, to make Open-
ings or Slopes therein, for the Paffage of Fifh, may be repealed, be rejedted.
Refolved, That it is the Opinion of this Committee that the Refidue of the faid Pe-
tition, praying fuch other Relief as may be moft for the Advantage of the Publick, and
their Eafe, is reafonable; and that the faid Adt, entitled. An Ad'' to oblige the Owners
of Mills, Hedges, or Stone Stops, on ftmdry Rivers therein mentioned, to make Openings or
Slopes therein, for the Paffage of Fifh, ought to be amended.
Refolved, That it is the Opinion of this Committee that fo much of the Petition of
fimdry Inhabitants of the Counties of New Kent and Charles City, praying that the Adl
of Affembly, entitled. An Ad^ concerning Strays, be amended, is reafonable.
Refolved, That it is the Opinion of this Committee that the Petition of fundry In-
habitants of the Parifh of Accomack, praying that the faid Parifh may be divided, by a
Line to be run acrofs the Middle of the Cotmties, from Sea to Bay, is reafonable.
Refolved, That it is the Opinion of this Committee that the Petition of fundry
other Inhabitants of the faid Parifh, in Oppofition thereto, be rejedled.
M"' Attorney alfo reported that the faid Committee had had imder their further Con-
fideration the Memorial of Colonel William Peachey , to them recommitted, reprefenting
That he had been engaged in a military Life, in the Service of this Country, from
September in the Year 1755, which was foon after the unhappy Defeat of QeneraX Brad-
dock; from which Time, tmtil February 1760, he faithfully ferved, for the Truth of which
he appeals to his Commanding Officers : And that it was not his Fault that he did not
continue in the Service, having offered his Service as foon as he underftood that 700 Men
were to be railed for the Cherokee Expedition ; but being told there would be no Vacancy
above a Captaincy, he could not accept of fuch a Commiffion, having ferved in a much
higher Rank.
That during the Time he was in the Service his Affairs fuflered much at home, either
through Negligence or Mifmanagement.
That the Nature of the Service in which he was generally engaged, efpecially the
2 laft Years, was fuch as made it impoffible for him to fubfift on his Pay, and appear in
the Rank he bore.
That his Eftate was confiderably impaired, and he fuffered great Loffes, during the
Time of his faid Service ; and praying fuch Reparation of his Loffes, and Compenfation as
for his extraordinary Expenfes, as may be thought reafonable ; and have come to the
following Refolution thereon :
Refolved, That it is the Opinion of this Committee that the faid William Peachey
ought to be allowed the Sum of ;£35o, for extraordinary Services and Expenfes.
The fix firft Refolutions being read a fecond Time, and the Queftion feverally put
that the Houfe agree thereto,
Refolved in the Affirmative.
The
' Hening, VII, p. 409. » Ihid., VII, p. 409 ^ Ibid., VI, p. 133.
[83]
The laft Refolution, refpedting Colonel William Peachey's AUowancce being alfo
read a fecond Time, and the Queftion put that the Houfe agree thereto,
It paffed in the Negative.
On a Motion made,
Refolved, That the faid Colonel William Peachey be allowed i Year's Pay, in Con-
fideration of his paft Services.
Ordered, That the faid Refolve be engroffed, and that M'' Landon Carter do carry-
it up to the Council for their Concvurence.
M*- Cary, from the Committee of pubUck Claims, reported that the Committee had
had under their Confideration the Petitions of Robert Hunnicutt and Chriftopher Lawfon,
to them referred ; and had come to feveral Refolutions thereon, which he read in his
Place, and then delivered in at the Table, where they were again twice read, and agreed
to by the Houfe, as follows :
Refolved, That the Allegations of the Petition of the faid Robert Hunnicutt are true,
and that he ought to be allowed the Sum of ;^45, for the Slave in his faid Petition men-
tioned.
Refolved, That the Allegations of the Petition of the faid Chriftopher Lawfon are
true, and that he ought to be allowed the Sum of ;^8o, for the Slave in his faid Petition
mentioned.
Ordered, That it be an Inftrudtion to the Committee of Claims to make the feveral
Allowances in the Book of Claims, agreeable to the faid Refolutions.
A Petition of fundry Inhabitants of the Coimties of Dinwiddie, Amelia, Brunfwick,
Lunenburg and Halifax, praying that a new Infpedlion of Tobacco may be eftablifhed
on the Land of Robert Boiling, Gentleman, between the Towns of Peter f burg and Bland-
ford, which wiU have every poffible Advantage of a fine Situation, a good Road, and very
convenient to a fafe Landing, and that an Adl may pafs for that Piupofe, was prefented
to the Houfe and read.
Ordered, That the faid Petition be referred to the Confideration of the Committee
of Propofitions and Grievances; that they examine into the Allegations thereof, and
report the fame, with their Opinions thereon, to the Houfe.
The Order of the Day being read for the Houfe to take into Confideration the Gov-
emour's Speech.
Ordered, That the Confideration of the faid Speech be put off vmtil Tomorrow.
And then the Houfe adjourned until Tomorrow Morning 1 1 "'Clock.
Wc6iies6aY, t^<i lOt^ of November, 3 (5eo. Ill 1762.
A Member returned upon a new Writ, having taken the Oaths appointed to be taken
by A(5t of Parliament, inftead of the Oaths of Allegiance and Supremacy, and
taken and fubfcribed the Oath of Abjuration, and alfo fubfcribed the Teft,
was admitted to his Place in the Houfe.
Two Claims of James Tomlinfon and William Hunter, for taking up Rimaways
therein mentioned, was prefented to the Houfe and received, and ordered to be referred
to the Committee of Claims.
Alfo an Account of Cary Seldmi, for 4 Years Pay as a Lookout, was prefented to the
Houfe and received.
Ordered, That the faid Account be referred to the Confideration of the Committee of
Claims ; that they examine into the Allegations thereof, and report the fame, with their
Opinions thereon, to the Houfe.
On a Motion made.
Ordered, That M"" Lee have Leave to withdraw his Petition, complaining of an undue
Eledlion and Rettun of M"- LeGrand, to ferve as a Burgefs in this prefent General Affem-
bly for the County of Prince Edward; and that the Committee of Privileges and Elec-
tions be difcharged from proceeding any further on the faid Petition.
[ 84]
M' Bland prefented to the Hotife, according to Order, a Bill For the more eflfedlual
keeping the publick Roads and Bridges in Repair ; and the faid Bill was read the firft
Time, and ordered to be read a fecond Time.
M"" London Carter alfo prefented to the Houfe, according to Order, a Bill To oblige
all Captains or Commanders of Veffels, taking in Tobacco on Freight in this Colony, to
make PubHcation of the Freight they fliall fail at before their Loadings fhall be obtained ;
and the faid Bill was read the firft Time, and ordered to be read a fecond Time.
Three Petitions of the Infpedlors at Rocky^ Ridge, John Boiling's and Of borne' s
Warehoiifes, praying that their Salaries may be increafed, was prefented to the Houfe
and read.
Ordered, That the faid Petitions do lie on the Table.
The Order of the Day being read for the Houfe to take into Confideration the Gov-
emour's Speech,
Refolved, That this Hoiife will refolve itfelf into a Committee on the faid Speech.
Ordered, That the feveral Letters laid before the Houfe, by the Govemour's Direc-
tion, be referred to the Confideration of the faid Committee.
Then the Houfe refolved itfelf into a Committee on the faid Speech and Letters;
and after fome Time fpent therein M"" Speaker refumed the Chair, and M'' Attorney re-
ported that the Committee had had the faid Speech and Letters under their Confidera-
tion, and had come to feveral Refolutions thereon, which they had directed him to re-
port to the Houfe; and he read the fame in his Place, and then delivered it in at the
Table, where the fame was again twice read, and agreed to by the Houfe, as follows:
Refolved, That the Gold Coin of the Empire paffmg in this Colony ought to be regulated.
Refolved, That the A(5l of Affembly made in the 4'^ Year of the late Queen Anne,
entitled, An Ad' declaring the Negro, Mulatto and Indian Slaves, within this Dominion,
to he real Eftate, which was afterwards explained by one other Adt, paffed in the i ^* Year
of the late King's Reign, entitled, An Ad' to explain and amend the Ad for declaring the
Negro, Mulatto and Indian, Slaves, within this Dominion, to be real Eftate, oaght to be
repealed.
Refolved, That the Adt, entituled, An Ad^ for the Diftribntion of Inteftates Eftates,
declaring Widows Rights to their deceafed Hufbands Eftates, and for fecuring Orphans
Eftates, ought to be amended.
Ordered, That a Bill or Bills be brought in purfuant to the faid Refolutions ; and
it is referred to M'' Attorney, M' Wythe, M"" Bland and M"" Richard Henry Lee, to prepare
and bring in the fame.
M'' Attorney alfo informed the Houfe that the Committee, not having Time to go
through the Govemour's Speech, had diredted him to move for Leave to fit again.
Refolved, That this Houfe will again refolve itfelf into a Committee on the faid
Speech Tomorrow.
M'' Gary, from the Perfons to whom the Petition of Robert M'Coun was referred,
reported that they had examined into the Allegations thereof, and found the fame to be
true, and have come to the following Refolutions thereon ; which he read in his Place,
and then delivered it in at the Table, where it was again twice read, and agreed to by the
Houfe, as follows:
Refolved, That the faid Robert M'Coun be allowed by the Publick the Sum of ;£io,
for his prefent ReHef, and the further Sum of £^ per Annum during Life, in Confidera-
tion of the Lofs of his Arm, and in Reward for his Services.
Ordered, That M"" Wilfon and M'' Baffet be added to the Committee of Propofitions
and Grievances, M'' Gray and M'' Baylis to the Committee of Claims, and M"" Baylor to
the Committees of Privileges and Eledlions, and Propofitions and Grievances.
A Claim of Adrian Anglin, for taking up a Runaway therein mentioned.
Alfo feveral Militia and Indian Accotmts, from the County of Buckingham, were
feverally prefented to the Houfe and received, and referred to the Confideration of the
Committee of Claims.
And then the Houfe adjourned until Tomorrow Morning 1 1 "'Clock.
» Hening, III, p. 333. ' Ibid., IV, p. 222. 3 Ibid., IV, p. 222.
26
[ 85 ]
B^ursda^, tl)e lUl) of November, 3 (5eo. Ill 1762.
MR Oary, from the Committee of Claims, reported that the Committee had had
tinder their Confideration feveral Petitions to them referred, and had
come to feveral Refolutions thereon ; which he read in his Place, and then
delivered in at the Table, where they were again twice read, and agreed to
by the Houfe, as follows :
Refolved, That the Petition of John Carlyle, Commiffary of Provifions and Stores
for an Expedition to the Ohio, to be reimburfed a Judgment and Cofts recovered againft
him by William Cox, his Deputy, be rejedled.
Refolved, That the Petition of Henry Williams is reafonable and that he ought to
be allowed the Sum of ;^48. 165. to reimburfe him the Bounty Money and Subfif fence
of 4 Recruits enlifted by him for the Cherokee Expedition, and delivered at the Place
of Rendezvous, where they were refufed by the then Commanding Officer ; it appearing
to this Committee the faid Recruits were agreeable to the faid Officer's recruiting
Inftru(5tions.
Refolved, That the Petition of Urfilla Rogers, to be allowed for a Horfe fhot by the
Cherokee Indians, is reafonable ; and that fhe ought to be allowed the Sum of jQ'j for the
faid Horfe.
Refolved, That the Petition of James Callaway, to be allowed for Goods ftolen from
him by the Cherokee Indians, be rejedled.
Ordered, That it be an Inftrudtion to the Committee of Claims to make the feveral
Allowances in the Book of Claims, purfuant to the 2"^ and 3'' Refolutions.
M"" Benjamin Harrifon, from the Committee of Trade, reported that the Committee
had had under their Confideration the Petition of fimdry Merchants on Rappahannock
River, to them referred, complaining that they are greatly impofed on by Pilots exact-
ing exorbitant Fees, and praying that an A(5t may pafs for regulating the Rates of
Pilotage, and had come to the following Refolution thereon ; which he read in his Place,
and then delivered in at the Table, where it was again twice read, and agreed to by the
Hoiife, as follows :
Refolved, That the faid Petition is reafonable.
Ordered, That a Bill or Bills be brought in purfuant to the faid Refolution, and it
is referred to the Committee of Trade to prepare and bring in the fame.
A Petition of John Buchanan, praying to be allowed fome Compenfation for his Ser-
vices in purchafmg Provifions in the Year 1759, by Order of Capt. Read, for a Nimiber
of Cherokee Indians then coming down to Augufta, having never received any Satiffadtion
for the fame.
Alfo feveral Claims of fundry Inhabitants of the Coimties of Bedford and Amelia,
for Provifions and other Neceffaries fumifhed the Militia of the faid Counties, ordered
out into adtual Sei^ice, were feverally prefented to the Houfe and received.
Ordered, That the faid Petition and Claims be referred to the Confideration of the
Committee of Claims; that they examine into the Allegations thereof, and report the
fame, with their Opinions thereon, to the Houfe.
The Order of the Day being read for the Houfe to refolve itfelf into a Committee, to
take into their further Confideration the Governour's Speech.
Refolved, That this Houfe will again refolve itfelf into the faid Committee on Tuef-
day next.
And then the Houfe adjourned until Tomorrow Morning 11 "'Clock.
[86]
'Jviba^. tbe I2tl) of 5lov«imber, 3 (5eo. Ill 1762.
MR Bland prefented to the Hotjfe, according to Order, a Bill For fettling the
Bounds between the Parifhes of Martin's, Brandon and Briftol, in the
County of Prince George; and the fame was read the firft Time, and ordered
to be read a fecond Time.
M-- Attorney, from the Committee appointed, prefented to the Houfe according to
Order, a Bill To empower the Veftry of the Parifhes of St. Patrick, in the County of
Prince Edward, to levy for Thomas Wood a reafonable Satiffadtion for his Expenfes in
building a Church there, which was burnt down before it was finifhed ; and the fame
was read the firft Time, and ordered to be read a fecond Time.
M^ Bland, from the Committee of Privileges and Eledions, reported that the Com-
mittee had had under their further Confideration the Petition of M-- James Wallace,
complaining of an undue Eledion and Return of M^ William Wager to ferve as a Burgefs
in this prefent General Affembly for the County of Elizabeth City, and had fully heard
as well the Petitioner as the fitting Member by his Counfel ; and had agreed on a Report,
and come to feveral Refolutions thereon, as follow:
Your Committee beg Leave to inform the Hovife that it appears to them that Signe
Parifh, who voted for the fitting Member at the faid Eledlions, on the s"^ Day of May,
1759, held 25 Acres of Land in the faid Cotmty, but had on that Day agreed to convey
to Edward Parifh about 6 Acres thereof, for the Confideration of £ 40, and gave his
Bond to the faid Edward Parifh, in the Penalty of £ 80, for that Purpofe, and put him
in Poffeffion thereof ; and it was at the fame Time agreed between them that the faid
Signe Parifh might take Poffeffion of the faid 6 Acres of Land, at any Time within 3
Years, on making good Title to the faid Edward of any other 6 Acres of the faid Land,
or forfeiting the Penalty of his Bond whenever he ouf ted the faid Edward Parifh: That 27
the faid Edward Parifh paid £ 10, Part of the faid ;£ 40, the Confideration Money, and
lived in a Houfe on the faid Land 2 Years, and had been in Poffeffion near 3 Years before
the faid Eledlion ; but that the faid Signe Parifh hath conftantly paid the Quitrents
for the whole 25 Acres. It aKo appears that the faid Signe Parifh hath fwom that he
would not have taken the Oath prefcribed by Law at the Time of his giving his Vote
at the faid Election, giving his Reafon that as he had agreed to convey 6 Acres of the
faid Land to the faid Edward Parifh, he was dubious whether he had a Right to vote,
having received £ 10 of the Confideration Money as aforefaid, and allowed 3 Years for
Payment of the Refidue.
Refolved, That it is the Opinion of this Committee that the faid Signe Parifh had
no Right to vote for Burgeffes at the faid Eledlion.
It alfo appears to your Committee that Samuel Dewberry, Father of Samuel Dewberry,
Jtmior, who voted for the fitting Member at the faid Eledtion, held a Tradt of Land in
the faid Coimty of Elizabeth City, in Right of his Wife, Mother of the faid Samuel the
younger, on whom it was entailed, containing about 190 Acres; and that a few Years
before the faid Eledlion, on the Marriage of the faid Samuel the younger, his faid Mother
being then dead, his Father made him a verbal Gift, and put him into Poffeffion of about
145 Acres, Part of the faid 190 Acres, on Condition that he would build on and improve
the fame, which he had accordingly done, and has ever fince paid Quitrents for the fame,
and hath alfo leafed out a Tenement on Part of the faid Land, and received the Rents
for the fame ; That the faid Samuel Dewberry the elder had no other Lands in the faid
County, and that both he and his faid Son voted at the faid Eledlion in Right of their
refpedlive Parts of the faid 190 Acres.
Refolved, That it is the Opinion of this Committee that the faid Samuel Dewberry
the younger had no Right to vote for Burgeffes at the faid Eledlion.
It likewife appeared to your Committee that James Cunningham, who voted for
the fitting Member at the faid Eledlion, gave his Vote in Right of his Wife's Dower of
and
[87]
and in a certain tindivided Tradl of Land, of which her former Hufband Bertrand Servant
had died feized and poffeffed: That James Servant, Father of the faid Bertrand died
inteftate, feized of a Tra(5l of Land in the faid County, the Quantity whereof is unknown,
which defcended to the faid Bertrand Servant, his Heir, who afterwards intermarried
with Elizabeth, now the Wife of the faid James Cunningham; and in his Lifetime he
fold 95 Acres, Part of the faid Lands, to Robert Brough; and loo Acres of her Part thereof,
to Cary Seldon; and 40 Acres, of her Part of the fame Tradt, to one John Bennet; and
died feized of the Remainder, having by his Will ordered it to be fold by his Widow and
Executrix, for Payment of his Debts ; and fhe having renoimced the Will, Adminiftra-
tion of his Eftate, with his faid Will annexed, was committed to the faid Robert Brough,
who fold 48 Acres of the faid Land to one William Naylor, at two different Times, and
the Remainder he referved for the faid Widow's Dower, the faid Land not being then
divided; and that the faid Elizabeth, the Widow having afterwards intermarried with
tlie James Cunningham, ever fmce hath lived, and ftill doth live, in the Manfion Houfe
on the faid remaining Part of the faid Land, but how many Acres that Remnant may
contain is uncertain, though it appears that on an Inquiry made by the faid Robert
Brough of the Surveyor of the faid County, what Number of Acres he thought was left,
the Surveyor was of Opinion there were as many Acres left as had been laid off for the
28 faid Naylor: It further appears that the Under Sheriff of the faid County being afked,
fome fmall Time before the Eledtion, how many Acres the faid Servant had paid Quit-
rents for, he anfwered 73, as appeared by the Rent-Roil ; and it being thereon remarked
by a By Stander that then there were but 23 Acres left for the Widow, the faid Robert
Brough replied there were 25 remaining for her Dower, which for that Purpofe he had
referved, and of which the faid Cunningham and his Wife were then poffeffed, though
it alfo appears that the faid Robert Brough afterwards acknowledged that the faid
Widow's Dower was never laid off, and that he judged of the Quantity by Guefs.
Refolved, That it is the Opinion of this Committee that the faid James Cunningham
had a good Right to vote for Burgeffes at the faid Eledtion.
It further appeared to your Committee that David Davis, who alfo voted for the
fitting Member at the faid Eledtion, was in Poffeffion of Part of a Lot which had been
given him about fifteen Years before by his Brother William Davis, on Condition of
his good Behavioior to him and his Family, with a Piece of Writing (but what it was,
doth not appear) which the faid William Davis faid he only intended to fecure him if
he complied with the faid Condition, but that he never had it recorded, giving for Reafon
that the faid David had not compUed with the faid Condition : That the faid David had
bxiilt a Houfe on the faid Ground, which coft about ;^ 35, and had been in Poffeffion
thereof about 15 Years; but the faid William Davis fwears it was againft his exprefs
Defire and Diredtions from 4 or 5 Years after Poffeffion, having frequently ordered him
out, if he did not pay Rent for it : It aKo appears to your Committee that the faid David
Davis was for fome Years before the faid Eledlion in Poffeffion of a Piece of a Lot in
the faid Town, which was conveyed to him by one Thomas Cooper, adjoining the above-
mentioned Houfe and Lot he then lived on, whereon is a little Houfe 6 Feet by 4, not
framed, but pofted in the Ground, having Rafters on one Side only, and covered in,
but the Boards on the Sides of it are mof tly torn off, and it is in a ruinous Condition :
It aKo appears that the faid David Davis had built a Shed to his Houfe, which ftood on
the Grotmd he purchafed of the faid Cooper, which on the Day of the faid Eledtion was
in a ruinous Condition.
Refolved, That it is the Opinion of this Committe that the laid David Davis had a
good Right to vote for Burgeffes at the faid Eledtion.
It alfo appeared to your Committee that William Skinner, who likewife voted for
the fitting Member at the faid Eledtion, was in Poffeffion of a Half of a Lot in the faid
Town; and that on the Saturday before the faid Eledtion he purchafed a fmall tight
framed Houfe, of the Dimenfions of 10 feet by 8, and had the fame removed and placed
on his faid Groimd, on Purpofe (as he acknowledged) to qualify him to vote at that
Eledtion, and was to pay for it, whatever it fhould be valued to : It further appears that
the
[88]
the faid Houfe ftill remains on the faid Ground, and is now ufed by one William Mitchell
as a Stable, and that when he purchafed it he faid he intended to fettle and build on
his faid Lot ; and that as Ward (the Perfon of whom he had bought the faid Houfe)
owed him fome Money, the Price of the Hotife fhould be difcoimted out of it on a Settle-
ment ; and that when he bought it, he intended to make ufe of it as a Kitchen, Smoke
Houfe, or fome other neceffary Houfe : It aKo appears that the faid Ward and his Wife
faid they expedted the Houfe would be returned them to fmoke their Meat in, and that
the faid Skinner has, fmce the Eledlion, publickly faid he had lent the faid Ward 2 s.
which he had repaid him, and that it was done imder a Sham.
Refolved, That it is the Opinion of this Committee that the faid William Skinner
had a good Right to vote for Burgeffes at the faid Eledtion.
It further appears to your Committee that Thomas Payne, who likewife voted for 29
the fitting Member at the faid Eledlion, was poffeffed of a Part of a Lot in the faid Town ;
and that on the Saturday before the Eledlion he purchafed of one Mary Almond, for the
Value of 10 s. a fmall Houfe, about 4 and Half Feet Pitch, 4 or 5 Feet long, and 2 or
2 and a Half Feet wide, floored or laid with Plank in the midft of its Height, to put
Milkpans, or other Things, on ; and that he had the fame removed in a Cart, with one
Horfe, with the Affiftance of 7 or 8 Men, and placed on his faid Lot, on Purpofe (as he
acknowledged) to qualify him to vote at that Eledtion, and that he held no other Land
in the faid County : It further appears that the faid Thomas Payne, fome Time after-
wards, went to Sea ; and that the faid Mary Almond, being in Doubt whether fhe fhould
get her Money of him for the faid Houfe, had the fame removed home again.
Refolved, That it is the Opinion of this Committee that the faid Thomas Payne had
no Right to vote for Burgeffes at the faid Ele(5tion.
It aKo appears to your Committee that William Tucker, who Hkewife voted for the
fitting Member at the faid, Eledlion, was, at the Time of his giving in his Vote, in his
perfedl Senfes, which is plain from his inquiring of the Perfon that was fent for him
to attend the Eledlion who was ahead, and being anfwered that the fitting Member
was behind, he immediately called for his Stick, and on his Way to the Court Houfe,
having dropped one of his Shoes, he defired to be fet down in the Chair in which he was
carried to have it put on again, and that when at the Court Houfe he gave his Vote
diftindlly for the fitting Member and one John Jones, and repeated it, though in a low
Voice ; and that his Vote was not then objedled to, although it does appear, from the
Teftimony of 3 feveral Witneffes, that for 7 or 8 Years paft the faid Tucker has been
generally reputed not to have been in his proper Senfes, and incapable of buying, felling,
or making any Contradl ; that he hath fometimes met with his old Acquaintances, whom
he hath not known, and particularly met with one William Face in the Street, invited
him home with him, and when he was there afked him who he was.
Refolved, That it is the Opinion of this Committee that the faid William. Tucker
had a good Right to vote for Burgeffes at the faid Eledlion.
It further appears to your Committee that John Buck, who voted for the Petitioner
at the faid Eledlion, held 133 or 134 Acres of land in the faid County, in Right of his
Wife; and that he had before the faid Eledlion fold about 100 Acres of the fame, more or
lef s, to one Mary Roberts, and afterwards fold 1 5 Acres more of the fame Land to his Father
Benjamin Buck, and received Part of the Conlideration Money, but never made any
Deed to him for the fame : That the faid Benjamin Buck, the Father, built a Houfe on
the faid Land, and had been in Poffeffion thereof about 3 Years; which was afterwards
burnt down, about 12 Months before the Month of January laft: That the faid 133 or
134 Acres of Land were laid off in the Widowhood of the faid John Buck's Wife, as her
third Part of her former Hufband's Eftate: That after the faid Benjamin Buck's Houfe
was burnt down, he removed off the faid Land, and then the faid John Buck agreed to
fell the faid 15 Acres to one Charles Jennings, and received of him ;£ 3, in Part of the
Confideration, having often before offered it for Sale, although his faid Father objedled
to it, alleging he had a Deed for it: That the faid John Buck always paid the Quitrents
for the whole Land, but was repaid by William Mallory the Quitrents of that Part he
had
[89]
had fold to the faid Mary Roberts, the Mother of the faid William Mallory; but never
received, or expedted to receive, the Quitrents of the 15 Acres he had fold to his Father:
30 That the faid John Buck was in Poffeffion of the faid 15 Acres fome Time before laft
Chriftmas twelve Months, about which Time his faid Father left the fame: It further
appears that the faid John Buck acknowledged he would not at the faid Eledlion have
taken the Oath prefcribed by Law, if it had been required of him.
Refolved, That it is the Opinion of this Committee that the faid John Buck had no
Right to vote for Burgeffes at the faid Eledtion.
It further appears to your Committee that Edward Year gain, who alfo voted for
the Petitioner at the faid Eledlion, was poffeffed of 18 Acres and a Half of Land in the
faid Cotmty, where he then lived ; and alfo of another Tradt of 50 Acres, which is feparated
from the Land he lives on by another Perfon's Land running between them, and on
which there is no Hoiife, nor any Cultivation, except the clearing of a fmall Part of it;
and that he had no other Land in the faid Coimty.
Refolved, That it is the Opinion of this Committee that the faid Edward Yeargain
had a good Right to vote for Biirgeffes at the faid Eledtion.
Yotir Committee aKo beg Leave to inform the Houfe that it appears to them that
the Reverend M'' Thomas Warrington, Redtor of the Parifh of Elizabeth City, in the faid
Coimty of Elizabeth City, having been in full Poffeffion of his Glebe for fome Years,
containing by Computation about 100 Acres, with competent Buildings thereon,
appeared at the faid Eledlion, and offered to vote for M"' Wythe and the Petitioner, but
refufmg (as being dubious of his Right to vote) to take the Oath prefcribed by Law,
which was required of him, he was not allowed to vote at the faid Eledlion, but that his
Name was put on the Back of the Poll.
Refolved, That it is the Opinion of this Committee that the faid Thomas Warrington
had a good Right to vote for Burgeffes at the faid Eledlion, and that his Vote ought to
be added to the Petitioners Poll.
It further appears to your Committee that on the Day of the faid Eledlion, on the
Application of the Petitioner and fome of his Friends, and particularly of one Dodlor
John Brodie, and with the Approbation and Confent of all the Candidates at the faid
Eledlion, the Sheriff of the faid County did agree to poftpone clofmg the Poll until Sim-
fetting; and that thereon the faid Dodlor Brodie, with fome other Freeholders, went
out of Town, in Order to bring in 2 other Freeholders, their Names Johnfon Mallory
and John Lowry the elder, to give their Votes at the faid Eledlion, who thereon imme-
diately prepared to fet out for the Court-Hoiife, but were told they need not hurry
themfelves, as it was agreed that the Poll was not to be clofed until Svmfet : It appears
that the faid Sheriff having, foon after the faid Agreement among the Candidates and
himfelf , received and polled two Voters for the fitting Member, and i for the Petitioner,
clofed the Poll, which was about an Hour and a Half before Sunfet, notwithftanding
the eameft Intreaties of the Petitioner and fome of his Friends, and particularly of
M"" John Tabb (now deceafed) who defired him to defer clofing the Poll, as fome of the
Petitioner's Friends were then on their Way to the Court Houfe, and would be there
in a fhort Time ; to whom the faid Sheriff made Anfwer, " that he knew his Duty, and
fhould not be diredled by him, and that he fhould clofe the Poll when he thought proper : "
And that the faid Sheriff, being told by the faid John Tabb, "that the Reafon of his
making that AppHcation to him was, knowing if he clofed the Poll, before the Petitioner's
Voters came in, it would occafion a Complaint elfewhere, or above ;" he anfwered, with
Warmth, "he did not value him, or he might do as he pleafed. " It fiirther appears
that, at the Time clofing the Poll, the faid Johnfon Mallory was fo near the Court Houfe
31 as to be able to diftinguifh the fitting Member carried oft" through the Streets by the
Populace, and that he arrived at the Court Houfe a few Minutes after; and that the
faid John Lowry was not more than a Mile and a Half diftant from the Court Houfe at
the fame Time ; where he was flopped by a Meffenger fent to inforn him that the Poll
was clofed, when he expreffed his Uneafinefs that he fhould return without being of
Service to his Friends, naming M'' George Wythe and the Petitioner : It alfo appears from
the
[9o]
the Oaths of the laid Johnfon Mallory and John Loivry, that had they been polled at the
faid Elecftion they would have voted for the faid George Wythe and the Petitioner.
Refolved, That it is the Opinion of this Committee that the Names and Votes of the
faid Johnfon Mallory and John Lowry ought to be added to the Petitioners Poll.
It appears to your Committee, on Examination of a Copy of the Poll taken at the
faid Eledtion, that the fitting Member had 2 Votes more than the Petitioner; but that
3 of the Perfons who voted for the fitting Member, namely, Signe Parifh, Samuel Dew-
berry, Jun. and Thotnas Payne, it is the Opinion of your Committee had no Right to vote
at the faid Eledlion : And your Committee are aKo of Opinion that i of the Perfons who
voted for the Petitioner at the faid Eledlion, namely, John Buck, had no Right fo to do ;
but that by adding the Votes of the faid Thomas Warrington, Johnfon Mallory and John
Lowry, to the Petitioner's Poll, he hath a Majority of legal Votes. And therefore
Refolved, That it is the Opinion of this Committee that the faid M"" William Wager
is not duly ele<5led to ferve as a Burgefs in this prefent General Affembly for the County
of Elizabeth City.
Refolved, That it is the Opinion of this Committee that the Petitioner M' James
Wallace is duly eledted to ferve as a Burgefs in this prefent General Affembly, for the
faid County.
The firft Refolution being read a fecond Time, and the Queftion put that the Houfe
agree thereto.
It paffed in the Negative.
The fecond, third, fourth, fifth, fixth, and feventh Refolutions being aKo read a fecond
Time, and the Queftion put that the Houfe agree thereto,
It paffed in the Affirmative.
Ordered, That the eighth, ninth, tenth eleventh, twelfth, and thirteenth Refolutions be
recommitted to the faid Committee.
M'' Attorney, from the Committee of Propofitions and Grievances, reported that
the Committee had had imder their Coniideration divers Propofitions and Petitions to
them referred, and had come to the following Refolutions thereon ; which he read in his
Place, and then delivered in at the Table, where they were again twice read and agreed
to by the Houfe as follow :
Refolved, That the Petition of ftmdry Proprietors of Lots in, and Inhabitants of,
the Town of Blandford, in the County of Prince George, praying that an Adl may pafs
For appointing Truftees for diredling, carr}'ing on, maintaining and regulating the faid
Town, and to prevent Hogs nmning at large, therein, is reafonable.
Refolved, That the Petition of fundry Proprietors and Inhabitants of the Town of
Alexandria in the County of Fairfax, praying that an Adl may pafs For enlarging
faid town, agreeable to a Plan to the faid Petition annexed, is reafonable.
Refolved, That the Petition of William Tyler, praying that the Rates of Ferriage
may be enlarged at the Ferry eftablifhed from his Land, over Potowmack River, to
Cedar Point, in Maryland, is reafonable.
Refolved, That the Petition of fundry Ordinary Keepers in York Town, praying
that the Adl of Affembly, entitled. An Ad' for regulating Ordinaries, and Reftraints of
Tippling Houfes, may be amended, is reafonable.
Refolved, That the Petition of fundry Inhabitants in, and adjoining to, a Place called
Shepherd's Town, in the County of Frederick, praying that an Adl may pafs For Eftab-
lifhing a Town at that Place is reafonable.
Ordered, That a Bill or Bills be brought in purfuant to the faid Refolutions, and it
is referred to the Committee of Propofitions and Grievances to prepare and bring in the
fame.
M'' Landon Carter prefented to the Houfe, according to Order, a Bill For regulating
the Fees and Charges for Perfons pradlicing in Phyfick, Surgery and Midwifery, in this
Colony ; which was read the firft Time, and ordered to be read a fecond Time.
A
' Hening, VI, p. 71.
32
[91 ]
A Petition of divers Inhabitants of the Coiinty of Lunenburg, praying that the faid
County may be divided into three diftin(5l Counties, and that an Adt may pafs for that
Purpofe, was prefented to the Houfe and read.
Ordered, That the faid Petition be referred to the Confideration of the Committee
of Propofitions and Grievances; that they examine into the Allegations thereof, and
report the fame, with their Opinions thereon, to the Houfe.
A Claim of William Cromwell, for taking up a Deferter belonging to the firft Vir-
ginia Regiment.
Alfo feveral Accounts and Claims of fundry Inhabitants of the Coimty of Frederick,
for Provifions and other Neceffaries fumifhed the Forces in the Service of this Colony,
and for tributary Indians, in their marching through the Country, and for Expreffes;
were feverally prefented to the Houfe and received, and referred to the Confideration of
the Committee of Claims.
A Petition of fundr>' Inhabitants of the Covmty of Hampfhire, fetting forth that the
Right Hon. the Lord Fairfax has laid off 50 Acres of Land at a Place called PearfalVs
Level, in the faid County, and praying that a Town may be eftablifhed thereon, and that
they may enjoy the ufual Privileges with other Towns in this Colony, was prefented to
the Houfe and read.
Ordered, That a Bill or Bills be brought in purfuant to the faid Petition, and it is
referred to M"" Mercer and M'' Rutherford to prepare and bring in the fame.
And then the Houfe adjourned until Tomorrow Morning 1 1 "'Clock
Saturday* t^e I3tt) of 5lovember. 3 (Beo. III. 1762.
MR Attorney, from the Committee of Propofitions and Grievances, prefented to
the Houfe, according to Order, a Bill For removing the pubUck Warehoufes
for the Infpedlion of Tobacco from Yeocomico to New Landing, on Yeocomico
River, in the Coimty of Weftmoreland; and the fame was read the firft Time,
and ordered to be read a fecond Time.
A Bill To empower the Veftry of the Parifh of St. Patrick, in the Cotmty of Prince
Edward, to levy for Thomas Wood a reafonable fatiffadlion for his Expenfes in building
a Church there, which was burnt down before it was finifhed.
Alfo a Bill For fetting the Bounds between the Parifhes of Martin's Brandon and
Briftol, in the County of Prince George.
Alfo a Bill For regulating the Fees and Charges of Perfons pradticing in Phylick,
Surgery, and Midwifery, in this Colony, were feverally read a fecond Time.
Ordered, That the faid Bill be engroffed, and read a third Time.
A Petition of divers Inhabitants of the Parifh of Hampfhire, in the County of Hamp-
fhire, fetting forth that the late Eledtion of Veftrymen for the faid Parifh was illegal,
and praying that the fame may be diffolved, was prefented to the Houfe and read.
Ordered, That the faid Petition be referred to the Committee of Propofitions and
Grievances ; that they examine into the Allegations thereof, and report the fame, with
their Opinion thereon, to the Houfe.
And then the Houfe adjourned until Monday Morning 1 1 "'Clock.
5llon6a^, t^e I5tb of 5lovember. 3 (Beo. Ill 1762.
A Petition of fimdry Inhabitants of the County of Fauquier, praying that a Town
may be eftablifhed on the Land of Richard Henry Lee, Efq; whereon the
Court Houfe for the faid County now ftands, was prefented to the Houfe and
read.
Ordered, That the faid Petition be referred to the Confideration of the Committee
of Propofitions and Grievances; that they examine into the Allegations thereof, and
report their Opinion thereon to the Houfe.
An
[92 ]
An Account oi John Robin f on, for Boat Hire and extra Expenfes in the condudling
feveral Soldiers to Fredcrickfbiirg, was prefented to the Houfe and received, and referred
to the Confideration of the Committee of Claims.
An engroffed Bill For fettling the Bounds between the Parifhes of Martin's Brandon
and Briftol, in the Coimty of Prince George, was read a third Time.
Refolved, That the faid Bill do pafs.
Ordered, That M"' Bland do carry the faid Bill to the Council for their Concurrence.
On a Motion made,
Ordered, That the Treafurer be empowered and diredted to difcharge the feveral
Sheriffs againft whom he hath received Judgment for the Penalty of their Bonds, upon
receiving the Sums actually due from them, and their paying the Cofts occafioned by
his Motion againft them.
An engroffed Bill, entitled. An Ad' to empower the Veftry of the Parifh of St. Pat-
rick, in the County of Prince Edward, to levy for Thomas Wood a reafoyiable Satiffadion
for his expenfes in building a Church there, which was burnt down before it was finifhed,
was read a third Time.
Refolved, That the Bill do pafs.
Ordered, That M"" Attorney do carry up the faid Bill to the Coimcil for their Concur-
rence.
A Petition of John McDonald, late a Soldier in the Virginia Regiment, fetting forth
that he has been in the Service 3 Years ; that he was wounded in his Thigh in General
Braddock's Engagement, which has rendered him incapable of getting a Livelihood
as formerly ; and praying the Confideration of the Houfe, was prefented to the Houfe
and read.
Ordered, That the faid Petition be referred to the Confideration of M"' Edmund Pen-
dleton, M"" Baylor and M'' Wafhington; that they examine into the Allegations thereof ,
and report the fame, with their Opinions thereon, to the Houfe.
And then the Houfe adjourned until Tomorrow Morning 1 1 "'Clock.
^ues6aY» t^<i I6t^ of November. 3 (5eo. III. 1762.
AN engroffed Bill, for regulating the Fees and Charges of Perfons practicing in
Surgery and Midwifery, in this Colony, was read the third Time; and the
Queftion being put that the faid Bill do pafs.
It paffed in the Negative.
Ordered, That the faid Bill be rejected.
M'' Bland, from the Committee of Privileges and Elections, reported that the Com-
mittee had had under their Confideration as well the Petition of M"" John Clack, com-
plaining of an imdue Ele(ftion and Return of M'' Ifaac Rowe Walton to ferve as a Bur-
gefs in this prefent General Affembly, for the County of Brunfwick, to them referred,
as aKo the Report made by the Committte who were appointed to take the Depofitions
of Witneffes in Behalf of both Parties, and had come to feveral Refolutions thereon;
which he read in his Place, and then delivered in at the Table, where they were again
twice read, and agreed to, with an Amendment, as follow:
Refolved, That the faid Commiffioners have not fully executed the Orders of this
Houfe made on the faid Petition, as on the 6*^^ Day of November, 1761 ; and that the
faid Report is infufficient for the Houfe to proceed thereon.
Refolved, That the Petitioner and fitting Member be at Liberty to examine Wit-
neffes before John Willis, Nathaniel Edwards, Drury Stith, John Maclin, Nicholas Ed-
munds, James Wall and William Edwards, or any 3 of them, as to the Freeholds of any
Perfon who voted at the faid Eledtion, although fuch Perfon did fwear at the Eledtion,
or fhall fwear to the fame on their Examination; and that they be at Liberty to
examine
■ Hening, VII, p. 6u.
34
33
[93 ]
examine how long fuch Voters have been in Poffeflion of, and paid Quitrents for, the
Lands or Tenements in Right of which they voted at the faid Eledtion ; and that they
return fuch Depofitions to this Houfe, on or before Tuefday the 7'^^ Day of December
next.
Refolved, That the further Conlideration of the faid Petition ought to be put off
until the 7*^ Day of December next.
The Order of the Day being read for the Houfe to refolve itfelf into a Committee,
to take into their further Confideration the Govemour's Speech.
Refolved, That this Houfe will again refolve itfelf into the faid Committee TomoiTow.
And then the Houfe adjourned until Tomorrow Morning 1 1 "'Clock.
We6nes6a^, t^e \7\\) of >lovember, 3 <&eo. III, 1762,
ON a Motion made.
Ordered, That Leave be given to bring in a Bill To alter the Court Day of
the County of Prince Edward, and it is referred to M"' Le Grand to prepare
and bring in the fame.
An Account of William Cimningham, for Provifions for the Ufe of the Prince
William Militia, when ftationed at Oreftes Fort, in the Year 1758, was prefented to the
Hoiofe and received, and referred to the Confideration of the Committee of Claims.
M'' Landon Carter, from the Committee of Courts of Jxiftice, reported that the Com-
mittee had, according to Order, examined what Laws have expired lince the laft Sef-
lion of Affembly, and infpedted fuch Laws as will expire at or foon after this Seffion of
Affembly ; and had agreed on a Report, and come to feveral Refolutions thereon,
which he read in his place, and then delivered in at the Table, where they were again
twice read, and agreed to, and are as follow:
Refolved, That the Adt of Affembly made in the 22^ Year of the Reign of his late
Majefty King George 11, entitled. An Ad' for infpeding Pork, Beef, Flower, Tar, Pitch
and Turpentine, which was revived and amended by another Adl, made in the 29* Year
of his faid Majefty's Reign, and which expired on the 14* Day of November, 1761, ought
to be revived.
Refolved, That the Adl of Affembly made in the 30*^" Year of the Reign of his late
Majefty King George II, entitled. An Ad' for better regulating and difciplining the Militia,
which was continued by another Adl made in the 32^* Year of his faid late Majefty's
Reign, and which will expire the 8**^ Day of June, 1763, ought to be fiuther continued,
with Amendments.
Refolved, That the A(5l of Affembly made in the 30* Year of the Reign of his late
Majefty King George II, entitled. An Ad^ for reducing the feveral Ads for making
Proviflon againft invafions and Infurredions into one Ad, which was continued by the
two other A(5ls, one in the 32*^ Year of his faid late Majefty's Reign, and the other in the
I't Year of his prefent Majefty's Reign, and which will expire on the 8* Day of June,
1763, ought to be further continued.
Refolved, That the A(5t of Affembly made in the 19*'' Year of the Reign of his late
Majefty King George II, entitled. An Ad* for better regulating and colleding certain Offi-
cers Fees, and for other Purpofes therein mentioned, which was continued and amended
by another Adt made in the i ^* Year of his prefent Majefty's Reign, and which wiU
expire the 12*^ Day of April, 1764, ought to be further continued, with Amendments.
Refolved, That the Adl of Affembly made in the 22'^ Year of the Reign of his late
Majefty King George II, entitled. An Ad^ for amending the Staple of Tobacco, and for
preventing Frauds in his Majefty's Cuftoms, together with three other Adls made in the
25*^, 27'^ and 28*, Years of his faid late Majefty's Reign, alfo one other Adt made in the
i'* Year of his prefent Majefty's Reign, for continuing and amending the fame, which
will
' Hening, VI, p. 146. 3 Ibid., VII, p. 106. 5 Ibid.,W, p. 154.
" Ibid., VII, p. 93. * Ibid., V, p. 326
[94]
will expire at the End of the Seffion of Affembly, to he held next after the lo* Day of
April, 1764, ought to be further continued, with Amendments.
Ordered, That a Bill or Bills be brought in purfuant to the i '' Refolution, and it is
referred to the Committee of Trade to prepare and bring in the fame.
Ordered, That a Bill or Bills be brought in purfuant to the 2^ and 3** Refolutions,
and it is referred to the Committee of Propofitions and Grievances to prepare and bring
in the fame.
Ordered, That a Bill or Bills be brought in purfuant to the 4*^ Refolution, and it is
referred to the Committee for Courts of Juftice to prepare and bring in the fame.
A Petition of John Cocke, praying that a Ferry may be eftablifhed from his Land,
known by the Name of Scotland Neck, in the Coimty of Surry, over James River, to
James Town, on the oppofite Shore, was prefented to the Houfe and received.
Ordered, That the faid Petition be referred to the Confideration of the Committee
of Propofitions and Grievances; that they examine into the Allegations thereof, and
report the fame, with their Opinion thereon, to the Houfe.
A Petition of Thomas Bullett, John Blagg and William Fleming, Captains, and
James Walker, Enfign, in the Virginia Regiment, fetting forth that they were appointed
to enUft Recruits for the faid Regiment, and did feverally enlift a Number of Men;
and purfuant to their Inftrudlions, and the Adt of Affembly for that Purpofe, did advance
them the Bounty Money allowed by the faid Adt, and were at a great Expenfe for their
Subfiftence ; That feveral Men fo enlif ted deferted from them ref pedlively before they
arrived at the Place of General Rendezvous, or had been examined or received by any
Field Officer belonging to the faid Regiment ; for which Reafon as well the Paymafter of
the Regiment, as the Commif fioners appointed to examine and fettle the Accoimts of the
Expenfes of raifing and maintaining the fame, do refufe to make them any Allowance ;
And praying the Confideration of this Houfe, was prefented to theHoufe and read.
Ordered, That the faid Petition be referred to the Confideration of the Committee
of Claims; that they examine into the Allegations thereof, and report the fame, with
their Opinions thereupon, to the Houfe.
M'' Pendleton, from the Perfons appointed to whom the Petition of John M" Donald
was referred, reported that they had examined into the Allegations thereof, and agreed
upon a Report, and come to a Refolution thereon; which he read in his Place, and then
delivered in at the Table, where the fame was again twice read, and agreed to by the
Houfe, as follows :
It appears that the faid M'Donald was a Soldier in Captain Dagworthy's Company,
in the Service and Pay of Maryland, from the Year 1754 until the Year 1756, when he
was dif charged, having in General Braddock's Engagement received the Woimd in his
Petition mentioned, and that he was not in the Service or Pay of this Colony.
Refolved, That the faid Petition be rejedled.
M'' Bland, from the Committee of Privileges and Eledlions, reported that the Com-
mittee had had imder their further Confideration that Part of their Report made on
Friday laft, relating to the Petition of M"" James Wallace, complaining of an undue
Eledtion and Return of M'' William Wager to ferve as a Burgefs in this prefent General
Affembly for the Coimty of Elizabeth City, which was recommitted to them, and had
agreed upon a Report, and come to feveral Refolutions thereupon, which he read in his
Place, and then delivered in at the Table, where the fame was again twice read, and
agreed to by the Houfe, as follows:
It appears to your Committee that John Buck, who voted for the Petitioner at the
faid Eledlion, held 133 or 134 Acres of Land in the faid County, in Right of his Wife;
but before the faid Eledtion he fold 100 Acres, more or lefs. Part of the faid Land, to
one Mary Roberts, and alf o 1 5 Acres, other Part of the faid Land, to his Father Benjamin
Buck, and made a Deed for the fame to the faid Benjamin, for the Life of his the faid
John's Wife, which Deed was never recorded, but is now in the Poffeffion of one Lockey
Collier: That the faid Benjamin built a Houfe on the faid 15 Acres of Land, and was in
Poffeffion thereof upwards of three Years, when the faid Houfe was burnt down about
the
[95 ]
the I** of November, 1760: That the faid 133 or 134 Acres were laid off in the Widow-
hood of the faid John Buck's Wife, being her Dower in her former Hufband's Eftate:
That after the faid Benjamin Buck's Hoiife was burnt down he removed, and the faid
John Buck his Son then fold the faid 15 Acres to one Charles Jennings, of whom he
received ;^ 3, in Part of the Confideration Money, but never made him any Deed for
the fame : That the faid John Buck, often before his faid Father's Removal, offered the
faid 15 Acres of Land for Sale ; but his Father objedled to it, alleging he had a Deed for
the faid Land from his Son : That the faid John Buck always paid the Quitrents for the
3» whole 133 or 134 Acres of land, and was repaid for the 100 Acres he fold to Mary Roberts
by her Son William Mallory ; but never received, or expedted to receive, the Quitrents
for the 1 5 Acres he had fold to his faid Father : That after the Houf e which Benjamin
Buck had built was burnt down, the faid Benjamin removed from the faid Land; and
the faid John Buck, fome Time before Chriftmas, 1760, took Poffeffion of the fame,
without his Father's Confent, and was in Poffeffion thereof at the Time of the faid Elec-
tion : And that at the Time of the faid Eledtion the faid Parties were all living. It
further appears to your Committee that the Land in Right of which the faid John Buck
voted was Part of a Tradl of Land belonging to hockey Collier, an Infant, and that no
other Perfon voted in Right of the faid Land ; and that he would not have taken the
Oath prefcribed by Law if it had been reqiiired of him.
Refolved, That it is the Opinion of this Committee that the faid John Buck had no
Right to vote for Burgeffes at the faid Eledtion.
Your Committee further beg Leave to inform the Hottfe that Edward Year gain y
who alfo voted for the Petitioner at the faid Eledtion, was poffeffed of 18 Acres and a
Half of Land in the faid Coimty, where he then lived, and alfo of another Tradt of 50
Acres, which is feparated from the Land he Uves on by one James Prieft's Land: That
there is no Houfe on the faid 50 Acres of Land, and that he always paid Quitrents for
both the Tradls, amounting together to^68 Acres and a Half.
Refolved, That it is the Opinion of this Committee that the faid Edward Yeargain
had a good Right to vote for Burgeffes at the faid Eledtion.
Your Committee aKo beg Leave to inform the Houfe that it appears to them that
the Reverend M"" Thomas Warrington, Redlor of the Parifh of Elizabeth City, in the faid
Cotinty of Elizabeth City, having been in Poffeffion of his Glebe for fome Years, con-
taining by Computation about 100 Acres, with competent Buildings thereon, appeared
at the faid Eledtion, and offered to vote for M' Wythe and the Petitioner; but refufmg
to take the Oath prefcribed by Law, which was required of him, he was not allowed to
vote at the faid Eledtion, but his Name was endorfed on the Back of the Poll.
Refolved, That it is the Opinion of this Committee that the faid Thomas Warrington
had a good Right to vote for Burgeffes at the faid Eledtion, and that his Vote ought to
be added to the Petitioner's Poll.
It further appears to your Committee, by the Teftimony of Dodtor John Brodie,
W John Tabb (now dead) William Read, John Selden and John Cafey, that on the Day
of the faid Eledtion, on the Application of the Petitioner and fome of his Friends, and
particularly of the faid Dodtor Brodie, and with the Approbation and Confent of all the
Candidates at the faid Eledtion, the Sheriff of the faid Cotmty did agree to poftpone
doling the Poll imtil Sunfetting ; and that thereupon the faid Brodie, with fome other
Freeholders, went out of Town, in Order to bring in two other Freeholders, by Name
Johnfon Mallory and John Lowry, the elder, to give their Votes at the faid Eledtion,
who thereupon immediately prepared to fet out for the Court Houfe, but were told they
need not hurry themfelves, as it was agreed that the Poll was not to be clofed vintil
Sunfet. It alfo appears to your Committee that the faid Sheriff, having after the faid
Agreement received and polled two Voters for the fitting Member, and one for the Peti-
tioner, clofed the Poll about an Hour and a Half before Sunfet, although the Petitioner
and fome of his Friends, and particularly of the faid John Tabb, eameftly defired him
to defer clofing the Poll, as fome of the Petitioner's Friends were then on their Way to
the Covirthoufe, and would be there, as he expedted, in a fhort Time ; to whom the faid
Sheriff
[96]
Sheriff made anfwer, " That he knew his Duty, and fhould not be diredted by him ; and
that he fhould clofe the Poll when he thought proper. " And that the faid Sheriff being
told by the faid John Tabb " That the Reafon of his making that Application was, that
knowing if he clofed the Poll before the Petitioner's Voters came in, it would occafion a
Complaint elfewhere, or above," he anfwered with Warmth, "He did not value him,
or he might do as he pleafed. " It further appears that at the Time of clofmg the Poll
the faid Johnfon Mallory was within the Town, and fo near the Courthoufe as to be able
to diftinguifh the fitting Member carried off through the Streets by the Populace ; and
that he was at the Courthoufe within five Minutes after the Poll was clofed, and that the
faid John Lowry was not more than a Mile and a Half diftant from the Courthoufe at
the fame Time, and would have been there in a Quarter of an Hour, but was f topped
by a Meffenger, fent to inform him that the Poll was clofed, when he expreffed his Un-
eafmefs that he fhould return without being of Service to his Friends, naming M"" Wythe
and the Petitioner. It doth alfo appear to your Committee, by the Teftimony of Henry
King, John Bullock, Cary Selden, the faid George Walker the Sheriff, and Robert Brough,
that the faid Sheriff had agreed to defer clofing the Poll for three Hours only from the
Time he was firft applied to by the Petitioner and his Friends, and that he called for a
Watch, which was lent to him by one of the By Standers, in order to fix the Expiration
of the faid 3 Hours ; and that when the Poll was clofed the Sheriff ordered pubHck Proc-
lamation to be made, and declared he had exceeded the three Hours about ten Minutes.
It alfo appears that when application was made as aforefaid, and it was propofed to keep
the Poll open until Simfet, the fitting Member objedled to it, and faid they might as
well keep the Poll open mi til the next Day as until Sunfet, becaufe he could by that
Time get Voters from Norfolk, and that the Petitioner alfo faid he could get Voters from
thence by that Time ; but the faid Sheriff refufed to adjourn the faid Poll until the next
Day, faying he had never known nor heard of fuch a Precedent in the Country. It
further appears to your Committee that the faid John Brodie, on his Examination before
the Commiffioners appointed to take the Depofitions in this Difpute in the Coimtry, did
refufe to anfwer feveral pertinent and material Queftions that were put to him by the
fitting Member, relative to the Time agreed on for clofing the Poll. Your Committee
alfo beg Leave to inform the Houfe that it appears, from the Oaths of the faid Johnfon
Mallory and John Lowry, that had they been polled at the faid Election, they would
have voted for M"' Wythe and the Petitioner; and that the faid Sheriff declared before
your Committee that had the Number of Voters at the clofing the faid Poll been equal,
he fhould have returned the fitting Member.
Refolved, That it is the Opinion of this Committee that the Names and Votes of the
faid Johnfon Mallory and John Lowry ought not to be added to the Petitioner's Poll.
It appears to yoior Committee, on Examination of a Copy of the Poll taken at the
faid Eledtion, that the fitting Member had two Votes more than the Petitioner; but
that two of the Perfons who voted for the fitting Member, to wit, Samuel Dewberry, Jun.
and Thomas Payne, it is the Opinion of your Committee, had no Right to vote at the
faid Eledtion ; and that one of the Perfons who voted for the Petitioner at the faid Eledtion
to wit, John Buck, had no Right fo to do ; and that the Vote of the faid Thomas Warring-
ton ought to be added to the Petitioner's Poll; and that the fitting Member and the
Petitioner have an equal Number of legal Votes ; and therefore
Refolved, That the faid M'' William Wager is duly eledted to ferve as a Burgefs in
this prefent General Affembly for the Cotmty of Elizabeth City.
On a Motion made.
Ordered, That Leave be given to bring in a Bill To explain and amend one Adl of
Affembly, made in the 4"" Year of the Reign of Queen Anne, entitled. An Ad ' for regulat-
ing the Eledion of Burgeffes, for fettling their Privileges, and for afcertaining their Allow-
ances.
Alfo one other Ad made in the tenth Year of George II. entitled, AnAd^ to declare
who fhall have a Right to vote in the Eledion of Burgeffes lo ferve in the General Affembly
for
' Hening, III, p. 236. ^ Ibid., IV, p. 475.
[97]
for Counties, and for preventing fraudulent Conveyances, in Order to mtdtiply Votes at
fuch Eledion; and it is referred to M"" Richard Henry Lee, Mj Pendleton and M'' Bland,
to prepare and bring in the fame.
Ordered, That M'' Bowler Cocke, 'W Richard Eppes and M"" Wafhington, be added to
the Committee of Propofitions and Grievances.
An Account of James Patty, praying an Allowance for 30 Days loft Time of his Slave
Gilbert, by being froftbitten during his Confinement in Caroline Gaol, whereto he was
committed, on Sufpicion of Felony, and acquitted, was prefented to the Houfe and
received, and referred to the Confideration of the Committee of Claims.
M"" Attorney, from the Committee of Propofitions and Grievances, reported that the
faid Committee had had tmder their Confideration divers Propofitions and Petitions to
them referred, and had come to feveral Refolutions thereon ; which he read in his Place,
and then delivered in at the Table, where they were again twice read, and agreed to by
the Houfe, as follow :
Refolved, That the Petition of fimdry Inhabitants of the Counties of James City
and Charles City, praying that the publick Warehoufes at Hog Neck may be difcon-
tinued, and other Warehoufes eftablifhed at Barrett's Ferry, in the faid County be
rejedted.
Refolved, That the Petition of fundry Inhabitants of the Counties of James City
and New Kent, in Oppofition thereto, and praying that the Warehoufes may be ftill
continued at Hog Neck, is reafonable.
Refolved, That the Petition of fundry Inhabitants of the Cotmties of Surry and
James City, praying that publick Warehoufes for the Infpedlion of Tobacco may be
eftablifhed at James Town, on the Land of John Ambler, Efq ; be rejedted.
Refolved, That the Petition of ftmdry Inhabitants of the Counties of Amherft and
Buckingham, praying that they may be reimburfed by the Inhabitants of the Coimty
of Albemarle their proportionable Part of the Money expended in the Purchafe of Scales
and Meafures of the Standard of England, for the publick Ufe of the faid County of
Albemarle, before the fame was divided, is reafonable.
Refolved, That the Petition of fimdry Inhabitants of the upper Part of the County
of King and Queen, praying that the faid Coimty may be divided, according to the Lines
and Bounds in the faid Petition particularly expreffed, and that that Part of the faid
County lying above thofe Bounds may be united to, and made Part of, the County of
Caroline, is reafonable.
Refolved, That the Petition of fundry Inhabitants of the Parifh of Nottoway, in the
County of Southampton, praying that the faid Parifh may be divided, is reafonable.
Refolved, That fo much of the Petition of fundry other Inhabitants of the faid
County and Parifh, praying that the faid Parifh may be divided as aforefaid, is reafonable.
38 Refolved, That the Refidue of the faid laft mentioned Petition, praying that the
faid County of Southampton may be divided, be reje(5led.
Refolved, That the Petition of fundry other Inhabitants of the faid Parifh, in Oppo-
fition to the two other Petitions for dividing the faid Parifh, be rejedled.
Refolved, That the Petition of fundry Inhabitants of the Parifh of Hampfhire, in
the County of Hampfhire, complaining of the Illegality of the Sheriffs Proceeding in
eledting the prefent Veftry of the faid Parifh, and praying that the fame may be diffolved,
is reafonable.
Refolved, That the Petition of fundry Inhabitants of the County of Fauquier, pray-
ing that a Town may be eftablifhed on the Land of Richard Henry Lee, Efq ; contiguous
to the Courthoufe of that County, or on the Land of William Edmunds, or John Hitt,
adjoining thereto, be rejedted.
Refolved, That the Petition of fundry Juftices of the Peace of the County of North-
umberland, in Behalf of themfelves, and all others his Majefty's Juftices of the Peace in
this Colony, praying that they may be exempt from attending at the private and general
Mufters of the Militia in their refpedtive Counties, is reafonable.
Ordered
[98]
Ordered, That a Bill or Bills be brought in purfuant to the 4*^, 5'^' 6'^ and g^^, Refo-
lutions ; and it is referred to the Committee of Propofitions to prepare and bring in the
fame : And that it be an Inftrudtion to the Committee to whom it is referred to prepare
and bring in a Bill For amending and further continuing the Adl for the better regulating
and difciplining the Militia, that they receive a Claufe or Claxifes purfuant to the laft
Refolution.
The Order of the Day being read for the Houfe to refolve itfelf into a Committee,
to take into their further Confideration the Govemour's Speech.
Refolved, That this Hoiofe will again refolve itfelf into the faid Committee Tomorrow.
Ordered, That it be an Inftrudlion to the Committee to whom it is referred to bring
in a Bill For adding Part of the County of King and Queen to the County of Caroline,
that they receive a Claufe or Clatifes, To alter the Court Day of the faid County of King
and Queen.
Ordered, That M'' Wallace do pay imto M"" William Wager his Expenfes occafioned
by his Petition, and it is referred to the Committee of Claims to regulate and fettle the
fame.
Ordered, That M"" Carrington be added to the Committee of Claims and Courts of
Juftice, and M'' Rutherford to the Committee of Claims.
A Petition of Ralph Wormeley, Efq ; fetting forth that he is feized as Tenant in Fee
Taille of two fmall Tradls of Land, the one lying in Gloucefter Cotmty, containing 450
Acres, and the other lying in the Coimty of Middle fex, containing 300 Acres, which Lands
he can difpofe of at a Price very advantageous to his Family; and at the fame Time,
as they are detached from his other entailed Eftate, they will not be fo valuable to his
Heir as other contiguous Lands, which may be fettled in Lieu thereof ; and praying that
an Adl may pafs To dock the Entail of the faid two Tradts of Land, and to fettle other
Lands to the fame Ufes; was prefented to the Hoiofe, and read.
Ordered, That a Bill be brought in pvirfuant to the Prayer of the faid Petition, and
it is referred to M' Pendleton to prepare and bring in the fame.
And then the Houfe adjourned until Totnorrow Morning 11 "'Clock.
I5l)ur56a?, t^e ISlI) of ^lovember. 3 <5eo. Ill 1762.
SEVERAL Claims of Adam Broyle, the Widow of Jacob Broyle, and John Lowry,
for taking up Runaways therein mentioned.
Alfa an Account of Jofeph Patterfon, to be allowed for a Horfe impreffed
by John Miller, Jun. to carry a Criminal from the County of Caroline to Williamf-
hurg, which was detained from him three Days.
Alfo an Account of Che fter field Forge, againft the Publick for 1991 Pounds of To-
bacco ; were feverally prefented to the Hoiife and received, and referred to the Confid-
eration of the Committee of Claims.
Several Accoimts of GerfJmm Keys, for Provifions fumifhed the Militia of Fairfax
County, drawn out into adlual Service.
Alfo an Account of Samuel Vance, for Powder and Ball purchafed by him of Alex-
ander Sayers, for the Ufe of the Militia under his Command at Fort Ligonier, in 1758.
Alfo an Account of Adolph Her, for a Beef fumifhed the Cherokees; were feverally
prefented to the Houfe, and received.
Ordered, That the faid Accounts be referred to the Confideration of the Committee
of Claims; that they examine the Allegations thereof, and report the fame, with their
Opinions thereon, to the Houfe.
On a Motion made,
Ordered, That Leave be given to bring in a Bill To repeal fo much of the Adt of
Affembly made in the 25**' Year of his late Majefty's Reign, entitled. An Ad ■ for building
a
> Hening, VI, p. 293.
3d
[99]
a Bridge over Appomattox River, by Snbfcription, as relates to the prohibiting the Juf-
tices of the Counties of Che fter field and Dinwiddie from building a Bridge at the Place
in the faid A(5t mentioned at the Charge of their Counties ; and it is referred to M-- Bland,
M"" Gary and M-- Eppes, to prepare and bring in the fame.
M-- Attorney, one of the Members of the Committee of Correfpondence, named in
the Adt for appointing an Agent, according to Order, laid before the Houfe the Regifter
of the Proceedings of that Committee.
Alfo a Bill from the Committee of Propofitions and Grievances For dividing the
Parifh of Accomack, in the Covmty of Accomack, into two diftindl Parifhes.
Alfo a Bill For building a Bridge over Nottoway River, from the Land of Jeffe
Brown, by Subfcription ; and the fame was feverally read the firft Time, and ordered
to be read a fecond Time.
A Petition of divers Inhabitants of the Parifh of St. Margaret's, in the Coimty of
Caroline, praying that the faid Parifh may remain in the State and Condition it is now
in ; and that the Petition from the Parifh of St. David, in the faid Coimty, praying that
fome of the Tithables of St. Margaret's Parifh may be added to the Parifh of St. David,
in Order to make the Ntmaber of Tithables in each Parifh equal, may be rejected ; was
prefented to the Houfe, and read.
Ordered, That the faid Petition be referred to the Confideration of the Committee
of Propofitions and Grievances; that they examine into the Allegations thereof, and
report the fame, with their Opinions thereon, to the Houfe.
On a Motion made,
Ordered, That Leave be given to bring in a Bill For eftablifhing a more eafy and
expeditious Method for the Trial of Criminals, and of Caufes depending in the General
Court ; and it is referred to M'' Richard Henry Lee and M'' Bland to prepare and bring in
the fame.
^ M'' Attorney, from the Committee of Propofitions and Grievances, reported that the
faid Committee had had under their Confideration divers Propofitions and Petitions
from feveral Counties to them referred, and had come to feveral Refolutions thereon;
which he read in his Place, and then delivered in at the Table, where they were again
twice read, and agreed to by the Houfe, and are as follow:
Refolved, That the Petition of fundry Inhabitants of the Parifhes of Dettingen
and Hamilton, in the Coimties of Prince William and Fauquier, praying that thofe two
Parifhes may be divided into three diftind; Parifhes, according to the Lines and Bounds
in the faid Petition particularly expreffed, be rejected.
Refolved, That the Petition of fundry Inhabitants of the Counties of Fairfax and
Loudoun, praying that the pubHck Warehoufes for the Infpedtion of Tobacco at Occo-
quan, in the faid County of FatV/a:r, may be dif continued, and that new Warehoufes may
be eftablifhed at the Town of Colchefter, in the faid County, is reafonable.
Ordered, That it be an Inftru(5lion to the Committee of Propofitions and Grievances
to whom it is referred to prepare and bring in a Bill For amending and further continuing
the Adt for amending the Staple of Tobacco, and preventing Frauds in his Majefty's
Cuftoms, that they receive a Claufe or Claufes purfuant to the 2^ Refolution.
M"' Attorney alfo reported that the faid Committee had had imder their further Con-
fideration the Petition of fundry Inhabitants of the County of Hampfhire to them re-
committed, praying that a Town may he laid off and eftablifhed at a Place called Tuck-
er's Plantation, on the Land of Lord Fairfax, in the faid County, and had come to a
Refolution thereon.
Refolved, That the faid Petition be rejedted.
Two Petitions from the Town of Dumfries, in the County of Prince William, pray-
ing that new Warehoufes for the Infpedtion of Tobacco may be built on Lots No. 172
and 174, in the faid Town, and to be under one and the fame Infpedtion; and that
an Adt may pafs for that Purpofe, was prefented to the Houfe and read.
Alfo a Petition of feveral Merchants, Commanders of Ships, and others, trading to
the Town of Dumfries, in Oppofition thereto.
Ordered
[ loo ]
Ordered, That the faid Petitions be referred to the Confideration of the Committee
of Propofitions and Grievances; that they examine into the Allegations thereof; and
report the fame, with their Opinion thereon, to the Houfe.
A Petition of Charles Carter, Efq ; fetting forth that he is feized in Fee Taille of and
in a Tra(5l of Land, containing about 300 Acres, commonly called and known by the
Name of Norman's Ford, in the County of Cidpeper; and that he is aKo feized in Fee
Simple of a Tradl of Land, in the County of King George, containing about 700 Acres;
and that it would be of great Advantage to the Petitioner, and the Heir in Taille, to
dock the Entail of the faid 300 Acres of Land, and to fettle the faid 700 Acres, which is
of greater Value, to the fame Ufes ; and praying that an Adl may pafs for that Purpofe.
Ordered, That a Bill be brought in purfuant to the Prayer of the faid Petition, and
it is referred to M'' Bland to prepare and bring in the fame.
M"" Cary, from the Committee of Claims, reported that the Committee had had imder
their Confideration the Petition of John Buchanan to them referred, and come to a Refo-
lution thereupon ; which he read in his Place, and then delivered in at the Table, where
the fame was again twice read, and agreed to by the Houfe, as follows:
Refolved, That the Petition of John Buchanan, praying to be allowed for his Services 41
in purchafmg Provifions for the Cherokees, be rejedled.
A Petition of feveral Merchants and others, in behalf of the Infpedtors at Shockoe
and Byrd's Warehoufes praying that their Salaries may be augmented, adequate to their
Trouble, was prefented to the Houfe and read, and ordered to lie on the Table.
A Petition from the County of Caroline, to alter the Execution Law ; and that the
Proprietors of all publick Warehoufes for the Reception of Tobacco may be obliged
conf tantly to keep good and fufficient Skiets to raife the Tobacco fix Inches from the
Ground, was prefented to the Houfe and read; and the Queftion being put that the faid
Petition be referred to a Committee,
It paffed in the Negative.
Refolved, That the faid Petition be rejedled.
M"' Mercer prefented to the Houfe, according to Order, a Bill For eftablifhing the
Town of Romney, in the County of H amp f hire; and the fame was read the firft Time,
and ordered to be read a fecond Time.
A Bill To oblige all Captains or Commanders of Veffels, taking in Tobacco on
Freight in this Colony, to make Publication of the Freight they fhall fail at, before
their Loading fhall be obtained, was read the fecond Time.
Ordered, That the faid Bill be engroffed and read a third Time.
Ordered, That M'' George Johnfon be added to the Committee for Courts of Juftice.
The Order of the Day being read, for the Houfe to refolve itfelf into a Committee
to take into their further Confideration the Govemours Speech.
Refolved, That this Houfe will again refolve itfelf into the faid Committee on
Motiday next.
A Petition of the Juftices of the County Court of York, fetting forth that they have
expended the Sum of ;£ 14 in repairing the publick Wharf at the Tobacco Infpedtion at
York Town, that the Rents of the Warehoufes at the faid Infpedlion are infuflficient to
reimburfe the faid Sum, and praying they may be allowed the fame by the Publick,
was prefented to the Houfe and read.
Ordered, That the faid Petition be referred to the Confideration of the Committee
of Claims; that they examine into the Allegations thereof, and report the fame, with
their Opinion thereupon, to the Houfe.
A Petition of Nathaniel Stedman, a Soldier in Major Lewis' Company, in the late
Virginia Regiment, fetting forth that he was left at Fort Pitt, imder the Command of
Capt. Waggoner, in the Month of 1758, and on the 9*'' of May following he
was taken Prifoner by the Indians, and carried into the Enemies Coimtry, where he
remained in Captivity until the 7"^ of Augiift, in the Year 1761, when he made his
Ef cape from the Savages ; that on his Retxim back to his Regiment, he was taken fick at
Yawyawgania
[ lOI ] '•
Yawyawgania, and continued there until he enlifted into the prefent Regiment; but
the many Hardfhips he underwent during his Captivity, which was the Caufe of his long
Sicknefs, difabled him joining his Corps before it was difbanded ; and praying that this
Houfe will take his Cafe into Confideration, and order him his Pay, and fome Satiffadlion
for his Sufferings during his long Captivity among the Savages, was prefented to the
Houfe and read.
Ordered, That the faid Petition be referred to the Confideration of M-- Mercer and
Mf Wafhington; that they examine into the Allegations thereof, and report the fame,
with their Opinion thereon, to the Houfe.
And then the Houfe adjourned until Tomorrow Morning 1 1 "'Clock.
42
Trl6ay. t^e I9t^ of 5lovember, 3 (Beo. Ill 1762.
SEVERAL Members returned upon new Writs, having taken the Oaths appointed
to be taken by Adl of Parliament, inftead of the Oath of Allegiance and Supre-
macy, and taken and fubfcribed the Oath of Abjuration, and alfo repeated and
fubfcribed the Teft, took their Seats in the Houfe.
Several Claims of Grief Randolph, William Jacket and John Galldhew, for taking
up Rvmaways therein mentioned, were feverally prefented to the Houfe and received,
and referred to the Confideration of the Committee of Claims.
A Petition of William, Purrel, praying that he may be allowed for going Exprefs
to the fouth Branch of Potowmack, to the Captain of the Prince William Militia, by Order
of the Commanding Officer of the faid Coimty, and returning immediately back to the
faid County.
Alfo a Petition of John Pofey, a Lieutenant in the Virginia Regiment, praying that
he may be allowed for feveral Men enlifted by him, and deferted after being legally paffed,
and his Ferriages and Charges, for all which he has proper Vouchers ; and praying
the Confideration of the Houfe therein, were feverally prefented to the Houfe and read.
Ordered, That the faid Petition be referred to the Confideration of the Committee
of Claims; that they examine into the Allegations thereof, and report the fame, with
their Opinion thereon, to the Houfe.
A Motion was made for Leave to bring in a Bill To oblige the Juftices of the County
Court of Prince William to levy for the Inhabitants of Fauquier County their Proportion
of a Sum of Money levied on the Tithables of the faid Coimty of Prince William before
it was divided, and laid out in the Purchafe of Arms, now retained for the Ufe of the
faid County at Prince William; and the Queftion being put there upon,
It paffed in the -Negative.
A Petition of fundry Attorneys pradtifmg in the feveral Courts of this Colony, praying
thsitlhe Ad, entitled. An Ad^ for regulating the Pradice of Attornies, may be amended,
and that their Fees may be made diftrainable, and that they may receive fuch other
Redrefs as this Houfe fhall think reafonable, was prefented to the Houfe and read.
Ordered, That the faid Petition be referred to the Confideration of the Committee
of Propofitions and Grievances; that they examine into the Allegations thereof, and
report the fame, with Opinion thereon, to the Houfe.
A Petition of William Edwards and James Price, Infpedlors at Gray's Creek Ware-
houfe, in the County of Surry, fetting forth that the Salary allowed by Law is not a fuifi.
cient Satiffa(5lion for their Trouble ; and praying that their Salaries may be increafed,
fo as to be adequate to the Trouble they are at in the Execution of their faid Office, was
prefented to the Houfe and read, and ordered to lie on the Table.
M'' Gary, from the Committee of Claims, reported that the faid Committee had had
under their Confideration two Petitions to them referred, and had come to two Refo-
lutions thereon ; which he read in his Place, and then delivered in at the Table, where
they were again read, and are as follow :
Refolved
I Hening, VI, p. 140-
[ I02 ]
Refolved, That the Petition of John Gatewood, and others, Legatees,' claiming tinder
the Will of Johy^ Gatewood, deceafed, to be allowed for Tom, a Negro Man Slave who was
apprehended and committed for Burglary ; and by Severity of the Weather during his
imprifonment fo froftbitten that, though he was afterwards acquitted, his Legs were 43
cut off, and he died foon after, is reafonable ; and that they ought to be paid by the
Publick the Sum of ;£8o for the faid Slave, and alfo the Sum of £11 16s. to reimburfe
them for fo much paid in endeavouring to cure the faid Slave.
Refolved, That the Petition of Capt. Thomas Bullett, Capt. John Blagg, Capt. William
Fleming and Enfign James Walker, Officers of the Virginia Regiment, to be reimburfed
the Boimty Money and Subfiftence of feveral Recruits by them enlifted for the faid
Regiment, who deferted before they arrived at the Place of Rendezvous, is reafonable ;
and that they ought to be allowed the Sums following, viz. The faid Thomas Bullett
the Sum of £ 41 i6s. 8d. the faid John Blagg the Sum of £ 51 us. 4d. the faid William
Fleming the Sum of £ 20 8s. and the faid James Walker the Sum oi £6-/, being the Sums
feverally paid by them for the Bovmty and Subfiftence of the Recruits enlifted by the
faid Officers refpe(5lively.
The fir ft Refolution being read a fecond Time, was agreed to by the Houfe.
The la ft Refolution being aKo read a fecond Time, and the Queftion put that the
Hotife agree thereto,
It paffed in the Negative.
On a Motion made.
Ordered, That fo much of the Report as relates to the Petition of Capt. Thomas
Bullett, and the other Officers therein mentioned, be recommitted to the faid Committee.
M"" Attorney, from the Committee of Propofitions and Grievances, reported that the
faid Committee had had under their Confideration fundry Propofitions and Petitions
to them referred, and had come to feveral Refolutions thereupon ; which he read in his
Place, and then delivered in at the Table, where they were again read, and are as follow :
Refolved, That the Petitions of fundry Inhabitants of the Cotmty of Prince William,
and of feveral Merchants, and other Traders, Inhabitants of the Town of Dumfries, in
that Coiinty, praying that additional Warehoufes may be eftablifhed in the faid Town
for the Reception of Tobacco, on the Lots therein mentioned, and numbered 172 and 174,
to be put under one Infpe(5tion with the prefent Warehoufes in the faid Town, be re-
jedted.
Refolved, That the Petition of fundry other Inhabitants of the faid Town, and of
divers Mafters of Ships trading thither, in Oppofition thereto, is reafonable.
Refolved, That the Petition of fundry Inhabitants of the Parifh of Frederick, in the
Cotmty of Frederick, praying that the faid Parifh may be divided, be rejedted.
Refolved, That the Petition of fundry Merchants and Tradefmen of the Cotmty of
Fairfax, praying that the Laws relating to Pedlars may be amended, and that they may
be put under a better Regulation than they are at prefent, is reafonable.
Refolved, That the Petition of fundry Inhabitants of the County of Culpeper, pray-
ing that the Cottrt Day of that County may be altered from the third Thurfday to the
fourth Monday in every Month, is reafonable.
Refolved, That the Petition of fundry Inhabitants of the County of Lunenburg,
praying that a Ferry may be eftablifhed from the Land of Richard Fox, over Roanoke
River, to the Land of James Blanton, oppofite thereto, is reafonable.
The fourth and laft Refolution, being feverally read a fecond Time, were agreed to
by the Houfe.
The firft, fecond and fifth Refolutions, being aKo read a fecond Time, and the Quef- 44
tion feverally put that the Houfe agree thereto.
It paffed in the Negative.
Refolved, That the faid Refolutions of the faid Committee be rejedled.
Ordered, That it be an Inftrudlion to the Committee appointed to bring in a Bill
For amending and further continuing the Act for amending the Staple of Tobacco, and
preventing
[ I03 ]
preventing frauds in his Majefty's Cuftoms, that they receive a Claufe or Claufes piir-
fuant to the firft Refolution.
Ordered, That a Bill or Bills be brought in purfuant to the 4* Refolution, and it is
referred to the Committee of Trade to prepare and bring in the fame.
Ordered, That a Bill or Bills be brought in purfuant to the laft Refolution of the
faid Committee, and it is referred to the Committee of Propofitions and Grievances to
prepare and bring in the fame.
M'- Gary, from the Committee of Claims, reported that the faid Committee had had
under their Confideration an Account of M'' Ifrael Chriftian againft the Pub lick, to them
referred, and had come to three Refolutions thereon; which he read in his Place, and
then delivered in at the Table, where they were again twice read, and agreed to by the
Hovife, and are as follow :
On confidering the faid Account, and the Vouchers thereto, it appeared to your
Committee that one Edmund Atkin, Efq; as Agent for, and Superintendent of, the
Affairs of his Majefty's Allies, the feveral Nations of Indians inhabiting the Frontiers
of Virginia, North and South Carolina, and Georgia, and their Confederates, did grant
a Commiffion to one Ghriftopher Gift, deceafed, bearing Date the 5*** Day of July, 1757,
appointing him Deputy Agent for Indian Affairs in this Colony, with an Allowance
los. Sterling, or 12s. 6d. Ciurent Money of Virginia a Day, payable out of the Money
appropriated, or to be appropriated, by the Government thereof to Indian Service there-
by, aKo empowering him, the faid Gift, in Cafe of the Death, Refignation or Removal
of either of the Condudors, Interpreters, or other Perfons, appointed by him the faid
Atkin, to appoint another fit Perfon in his ftead.
It appears to your Committee, by Virtue of the faid Commiffion to the faid Ghrif-
topher Gift, he reciting the fame, did, on the i" Day of January, 1758, by Commiffion,
appoint the faid Ifrael Chriftian to be Condudlor to the Indians employed in his
Majefty's Service in this Colony, with an Allowance of 5s. a Day, payable out of the
Money appropriated, or to be appropriated, to the fouthem Indian Service ; and that
during the faid Chriftian' s a(5ting under the faid Commiffion from the faid Gift, moft
of the Articles and Charges in the faid Accoimt now before your Committee accrued.
It appears to your Committee that the faid Chriftian always expedled a Settlement
and Payment of the faid Accoimt from the faid Gift, who extracfted thereout fundry
Articles, amounting to the Sum of ;^ 162 i8s. 3d. which with the Vouchers for the fame
were carried and prefented to Major General Amherft, who on Account of the Crown
allowed and paid to the faid Chriftian the Sum of ;^49. 13s. 3d. in Part of the faid Accoimt
fo prefented, the fame being for Goods and Merchandize, delivered the Indians by the
faid Chriftian; the Refidue of the faid Account being ;^ 1 13. 5s. for Cafh paid Condudtors
of Indians, was difallowed.
It appears to your Committee that the faid Ifrael Chriftian hath delivered Goods
and Merchandize to the Indians, amoimting to £ 99. 14s. and a Half penny ; and that the
Refidue of the faid Account now before yotir Committee amoxmting to £ 182 15s. 6d.
Halfpenny, is Part of it for Cafh paid by him for Horfes and Horfe Hire for Indians, to
feveral Perfons, due before, though paid by him fince his Commiffion from Gift; and
the Refidue of his Wages at 5s. a Day, as a Condudlor, and for Cafh paid other Condudtors
of Indians.
Refolved, That the faid Ifrael Chriftian ought to be paid by the Publick the Sum
of £ 99. 14s. and a Halfpenny, for fimdry Goods, Wares and Merchandizes, delivered by
him to the Indians as by his faid Account appears.
Refolved, That the Sum of £ 132 5s. the faid Chriftian's Pay, as Conductor to the
Indians, be rejedted, not being a pubHck Charge.
Refolved, That the Sum of £ 50. los. 6d. Halfpenny (including ;^ 22 difallowed by
Major General Amherft) for fo much Cafh paid by the faid Chriftian to feveral Indian
Condudtors, and for Horfes and Horfe Hire, be rejedled, not being a publick Charge.
A Petition of Henry Peyton, fetting forth that at a former Seffion of this prefent
General Affembly he preferred a Petition to this Houfe, complaining of an imdue Eledlion
and
[ I04 ]
and Return of M"" John Baylis and M'' Henry Lee, to ferve as Burgeffes for the County
of Prince William, and therein charged the Sheriff of the faid County with Malepradlices
for clofing the Poll on the firft Day of the Eledlion, contrary to an Agreement entered
into, with his Affent, by all the Candidates at that Eledlion, that the Poll fhould be
adjourned, and not clofed until the fecond Day; and praying Leave of this Houfe to
withdraw fo much of his faid Petition as relates to the Sheriff's Agreement aforefaid,
and that he may be permitted to proceed with a Scrutiny of the Poll only, was pre-
fented to the Houfe and read; and the Queftion being put that the faid Petition be
agreed to.
It paffed in the Negative.
Refolved, That the faid Petition be rejedled.
A Petition of Robert M'Mahan, of the County of Augufta, fetting forth that in
April 1758, a Party of Cherokee Indians, in their March through that County, came to
the Petitioner's Houfe, and violently took from him fundry Goods, to the Value of ;£2o,
which he has never been able to recover; and praying the Confideration of the Houfe
therein, was prefented to the Hoiofe and read.
Ordered, That the faid Petition be referred to the Confideration of the Committee
of Claims; that they examine into the Allegations thereof, and report the fame, with
their Opinion thereon, to the Houfe.
And then the Houfe adjourned until Tomorrow Morning 11 "'Clock.
Saturday* t^e 20tb of 5tovember. 3 (5eo. lit 1762-
Two Claims of James Brown and Charles Tinfley, for taking up Runaways
therein mentioned, were prefented to the Houfe and received, and referred
to the Confideration of the Committee of Claims.
A Petition of fundry Inhabitants of the feveral Parifhes in the County of
Lunenburg, fetting forth that the faid County is fo very large and extenfive that the
Legiflature thought it expedient and neceffary to divide the fame into three diftindl
Parifhes, viz : Cornwall, St. James and Cumberland ; that in each of the faid Parifhes
is a very fufficient Number of Tithables to fupport and maintain the Expenfe of a
County, and praying that each of the faid Parifhes may be eredled into a diftin(5l County,
and that an Adl may pafs for that Purpofe, was prefented to the Houfe and read.
Ordered, That the faid Petition be referred to the Confideration of the Committee 46
of Propofitions and Grievances; that they examine into the Allegations thereof, and
report the fame, with their Opinion thereon, to the Houfe.
M' Attorney, from the Committee of Propofitions and Grievances, prefented to the
Houfe, according to Order, a Bill To oblige the Juftices of the County of Albemarle, to
refund to the Counties of Amherft and Buckingham their juft Proportion of the Money
paid for Weights and Meafures before the Divifion of the faid Coimty of Albemarle;
and the fame was read the firft Time, and ordered to be read a fecond Time.
Alfo a Bill For diffolving the Veftry of the Parifh of H amp f hire, in the County of
Hampfhire, and electing a new Veftry in the faid Parifh; and the fame were feverally
read the firft Time, and ordered to be read a fecond Time.
The Houfe being informed that M'' Thomas Bailey, one of the Members for the
County of Surry, was at the Time of his Eledlion Sheriff for the faid County ;
Ordered, That the faid Information be referred to the Confideration of the Committee
of Privileges and Eledlions ; that they examine into Matters thereof, and report the fame,
with their Opinion thereon, to the Houfe.
A Bill For dividing the Parifh of Accomack, in the County Accomack, into two
diftin(5l Parifhes, was read the fecond Time.
Ordered, That the faid Bill be engroffed, and read a third Time
A
[ I05]
A Bill For eftablifhing the Town of Romney, in the Coiinty of Hampfhire, was read
a fecond Time, and committed to M"" Richard Henry Lee and M'' Henry Lee ; and
On a Motion made,
Ordered, That it be an Inftrudlion to the faid Committee that they receive a Clatife
or Claufes to add feveral Lots laid off by John Randolph, Efq ; adjoining to the City of
Williamfburg, to the faid City ; and to exempt certain Perfons holding marfhy Lots in
the Town of Dumfries from building thereon.
Ordered, That M"' Dandridge have Leave to be abfent from the Bufmefs of this Houfe
ten Days.
An Account of William Sewell, Keeper of the Gaol of the Covmty of Fairfax, praying
to be paid his Fees for fundry Perfons committed to the faid Gaol in the Years 1754 and
1755, was prefented to the Houfe and received, and referred to the Confideration of the
Committee of Claims.
A Bill For building a Bridge over Nottoway River, from the Land of Jeffe Brown,
by Subfcription, was read the fecond Time.
Ordered, That the faid Bill be engroffed, and read a third Time.
And then the Houfe adjotirned until Monday Morning 11 "'Clock.
47
Mlon6a^. t^e 22tt6 of 5lovember, 3 (Beo, III. 1762.
MR Landon Carter, from the Committee for Courts of Juftice, prefented to the
Houfe, according to Order, a Bill For further continuing and amending the
Ad, entitled. An Ad • for the better regulating and colleding certain officers fees
and for other Purpofes therein mentioned ; and the fame was read the firft Time
and ordered to be read a fecond Time.
On a Motion made.
Ordered, That Leave be given to bring in a Bill For Relief of infolvent Debtors
for the effedlual Difcovery, and more equal Diftribution of their Eftates; and it is
referred to M"" Richard Henry Lee and M"' Bland to prepare and bring in the fame.
A Petition of the Infpedlors at the feveral Warehoufes in the Coimty of New Kent
fetting forth that the Bufmefs at their refpedlive Warehoufes is of late Years very much
increafed, and praying their Salaries may be enlarged, was prefented to the Houfe and
read.
Ordered, That the faid Petition do lie on the Table.
A Petition of the Infpedtors of Guilford Warehoufe, in the County of Accomack and
ftmdry other Inhabitants of that County, fetting forth that the prefent Warehoiife is
in a ruinous Condition, and has been fo often repaired that it will admit of no further
Reparation; and praying that a new One may be eredled at a Place called Tinley's
Point, on Hunting Creek, and that an Adl may pafs for that Purpofe, was prefented to
the Hovife and read.
Ordered, That that the faid Petition be referred to the Committee of Propofitions
and Grievances ; that they examine into the Allegations thereof, and report the fame
with their Opinion thereon, to the Hovife.
A Petition of George Parker, fetting forth that Richard Bennet, late of Maryland
Efq; by his laft Will and Teftament, bearing Date the 25'^ Day of September in the
Year 1749, among other Bequefts, gives imto one George Parker of the Covinty of
Accomack, in this Colony, and his Heirs, all his Lands and Plantations, as well as thofe on
Bennefs Creek, in Nanfemond Cotmty, as elfewhere in the faid Colony, and alfo all his
Negro and Mulatto Slaves in the faid Colony, his Stock of homed Cattle, Sheep, Hogs
Horfes and Horfe Kind, and all other his perfonal Eftate, that at the Time of his Death
fhould be upon his faid Lands, in Trttft, for the raifmg the Sum of £ 30 Virginia Current
Silver Money annually for ever, and paying the fame to the Churchwardens of the
Parifh
I Hening, V, p. 326.
[ io6 ]
Parifh wherein the faid Lands lie, now called the lower Parifh of Nanfemond; which
faid annual Sum is to be paid at the Church Door of the faid Parifh to the Churchwardens
on the 25"^ of March in every Year, and to be applied towards clothing fuch and fo many
poor People as the Veftry and the Churchwardens of the faid Parifh fhould judge to be
moft needy, and then to the further Ufe of the faid George Parker, and the Heirs of his
Body, and for Want of fuch Iffue to the Ufe of the Tefta tor's right Heirs, for ever, fubjedl
neverthelefs to the faid annual Payment oi £ ^o: That the Petitioner is Son and Heir
at Law of the faid George Parker, and that fmce his Father's Deceafe Colonel Richard
Bland, a Member of this Houfe, recovered from the Petitioner the faid Land on Bennet's
Creek (which was all the Land left the Petitioner's Father by the faid Will) fo that the
Petitioner, who now lives in the County of Accomack, on the Eaftem Shore of this Colony,
has been obliged for fome Time paft, and without the Interpofition of the Legiflatiire,
he apprehends, will ftill be obliged, to take a long Journey of 130 Miles once every Year
to comply with the Diredions of the faid Will, to pay the faid Annuity to the Church-
wardens at the Church Door of the faid Parifh, which feems to be repugnant to the
Intention of the Tefta tor, who thought he had, by giving his faid Father the Lands on
Bennet's Creek, enabled him to perform the faid Bequeft with Convenience ; and praying
that an A(5l may paf s to enable him to make one Payment of ;i^ 600 to the Churchwardens
of the faid Parifh, in Lieu of the faid perpetual Annuity of £ 30, and that the Church-
wardens may be obliged to lay out the fame in Purchafe of Lands, or other fufficient
Security for faid annual Payment ; and that the Petitioner may be empowered to difpofe
of the Refidue of the faid Bequeft made to his Father, the better to enable him to make
the faid Payment, was prefented to the Houfe and read.
Ordered, That a Bill or Bills be brought in purfuant to the Prayer of the faid Petition,
and it is referred to M'' Parr amor e to prepare and bring in the fame.
M"" Attorney, from the Committee of Propolitions and Grievances, prefented to the
Houfe, according to Order, a Bill To amend the Adl, entitled. An Ad ' to oblige the Owners
of Mills, Hedges, or Stone Stops, on fundry Rivers therein mentioned, to make Openings
or Slopes therein for the Paffage of Fifh, and for other Purpofes therein mentioned.
Alfo a Bill For eftablifhing the Town of Mecklenburg, in the Coiinty of Frederick.
Alfo a Bill For adding Part of the County of King and Queen to the Cotinty of
Caroline, and for altering the Court Day of King and Queen.
Alfo a Bill For dividing the Parifh of Nottoway, in the County of Southampton.
And the faid Bills were feverally read the firft Time, and ordered to be read a fecond
Time.
Ordered, That Wlfrael Chriftian have Leave tobeabfent the Remainder of this Seffion.
M'' Gary, from the Committee of Claims, reported, according to Order, that the faid
Committee had had under their further Confideration the Petition of Capt. Thomas
Bullet, Capt. John Blagg, Capt. William Fleming and Enfign James Walker, Officers
of the Virginia Regiment, to them recommitted, and had come to a Refolution thereon;
which he read in his Place, and then delivered in at the Table, where the fame was again
twice read and agreed to by the Houfe, and is as follows :
Refolved, That the Petition of the faid Officers, to be reimburfed the Boimty
Money and Subfiftence of feveral Recruits by them enlifted for the faid Regiment, who
deferted before they arrived at the Place of Rendezvous, is reafonable ; and that they
ought to be allowed the Svims following, viz. The faid Thomas Bullett the Simi of £41.
165. 8d. the faid John Blagg the Sum of £51. lis. 4d. the faid William Fleming the Svim
of ;£2o. 85. and the faid James Walker the Sum of £67, being the Sums feverally paid by
them for the Boimty and Subfiftence of the Recruits enlifted by the faid Officers refpec-
tively, to be paid out of the Money raifed in Purfuance of an Adl of Affembly, entitled
An Ad' for granting an Aid to his Majefty, and for other Purpofes therein mentioned.
An Account of John Rofs for 674 lbs. of Pork for the Ufe of the Garrifon of
was prefented to the Houfe and received.
Ordered, That the faid Account be referred to the Confideration of the Committee
of Claims; that they examine into the Allegations thereof, and report the fame, with
their Opinion thereon, to the Houfe.
Ordered
■ Hening, VII, p. 409. ' Not in Hening.
48
[ I07 ]
Ordered, That M"" Wormeley, M'' Walker, be added to the Committee of Propo
fitions and Grievances, M"" Wormeley to the Committee of Privileges and Eledtions,
M"" Read and M"" Walker to the Committee of Claims, and M"" Terry to the Committee of
Trade.
On a Motion made.
Ordered, That Leave be given to bring in a Bill For deftroying Crows and Squirrels ;
and it is referred to M'' Cary, M"" Richard Henry Lee and M"" Henry Lee, to prepare and
bring in the fame.
M"" Attorney, from the Committee of Propolitions and Grievances, reported, accord-
ing to Order, that the faid Committee had had under their Confideration divers Propofi-
tions and Petitions from feveral Cotmties to them referred, and had come to feveral
Refolutions thereon; which he read in his Place, and then delivered in at the Table,
where they were again read, and are as follow :
« Refolved, That the feveral Petitions of fimdry Inhabitants of the County of Lunen-
burg, praying that the faid County may be divided into three diftindt Counties, according
to the Boundaries of the three Parifhes therein, and that the faid three Parifhes may be
feverally ere(5ted into a diftindt County are reafonable.
Refolved, That fo much of the Petition of fimdry Attomies as prays that their Fees
may be enlarged, is reafonable.
Refolved, That fo much of the faid Petition as prays that their Fees may be made
diftrainable, is reafonable.
The fir ft Refolution being read a fecond Time, was agreed to by the Houfe.
The fecond and la ft Refolutions being alfo read a fecond Time, and the Queftion put
that the Houfe do agree thereto.
It paffed in the Negative.
Refolved, That the faid Petitions be rejected-
Ordered, That it be an Inftrudlion to the faid Committee to prepare and bring in a
Bill, purfuant to the firlt Refolution.
An engroffed Bill, entitled. An Ad' for dividing the Parifh of Accomack, in the County
of Accomack, into two diftind Parifhes, was read a third time, and the Blanks therein
filled up.
Refolved, That the Bill do pafs.
Ordered, That M"" Attorney do carry up the faid Bill to the Covmcil for their Con-
currence.
An engroffed Bill, entitled, An Ad^ for bjulding a Bridge over Nottoway River, from
the Land of Jeffe Brown, by Suhfcription, was read a third Time, and the Blanks therein
filled up.
Refolved, That the Bill do pafs.
Ordered, That M"" Lemuel Riddick do carr^' up the faid Bill to the Cotmcil for their
Concurrence.
The Order of the Day being read for the Houfe to refolve itfelf into a Committee, to
take into their further Confideration the Govemour's Speech.
Refolved, That this Houfe will again refolve itfelf into the faid Committee tomorrow.
And then the Houfe adjourned until Tomorrow Morning it "'Clock.
^ue56aY» t^e 23r6 of 5lovember, 3 <Beo. IIL 1762»
A Petition of fimdry Inhabitants of the County of Buckingham, fetting forth
that the Petitioners have heretofore experienced the great Utility of quarterly
Courts, formerly eftablifhed in feveral Counties of this Colony, and found the
Method of carrying on Bufmefs in thofe Courts to have been much more con-
venient and expeditious, as well as lefs expensive, than the monthly Courts ; and praying
that, inftead of the faid monthly Courts now held, quarterly Courts may be eftablifhed
in the feveral Cotmties of this Colony, was prefented to the Houfe and read.
Ordered
' Hening, VII, p. 614. ' Ibid., VII, p. 623.
[ io8 ]
Ordered, That the faid Petition be referred to the Confideration of the Committee of
Propofitions and Grievances ; that they examine into the Allegations thereof, and report
the fame, with their Opinion thereon, to the Houfe.
On a Motion made.
Ordered, That Leave be given to bring in a Bill To empower the Veftry of Bruton
Parifh to fell three Lots in WilUamfhurg, and to lay out the Money for the Benefit of
the Poor of the faid Parifh ; and it is referred to M"' Attorney to prepare and bring in the
fame.
A Petition of fundry Inhabitants of the County of Cumberland, fetting forth that
the Profecution of Suits in the County Courts, under the prefent Regulation, is become
burthenfome, not only from the Delay of Bufmefs, but alfo from the extraordinary
Expenfe attending fuch Delay ; and praying that fome Method may be ef tablifhed by
which Suits might be carried to iffue, and prepared for Trial in the Clerk's Office, as is
pradtifed in the General Court, was prefented to the Ho\ife and read.
Ordered, That the faid Petition be referred to the Confideration of the Committee
of Propofitions and Grievances; that they examine into the Allegations thereof, and
report the fame, with their Opinion thereon, to the Houfe.
Ordered, That M' Bernard Moore be added to the Commmittees of Propofitions and
Grievances and Privileges and Eledlions, and M"" Dalhy to the Committee for Courts of
Juftice.
A Petition of George Heale, fetting forth that he is feized and poffeffed in Fee Taille,
under the laft Will and Teftament of his Uncle John Heale, deceafed, of 67 Slaves, and
of but four others of his own Purchafe ; that he is alfo feized in Fee of a Trad of Land,
containing about T130 Acres, in the County of Fauquier, which he purchafed of one
Thomas Edwards; that having feveral Children, befides his eldeft Son and Heir apparent
of his Body, it will not be in his Power to make any reafonable Provifion for his yoimger
Children unlefs he is enabled to difpofe of fome of his entailed Slaves ; and praying that
an A(5l may pafs to dock the Entail of the faid Slaves, and to fettle the faid Tradl of
Land, which will be of much more Advantage to the Heir in Taille, in Lieu thereof, to
the fame Ufes, was prefented to the Houfe and read.
Ordered, That a Bill be brought in purfuant to the Prayer of the faid Petition, and
it is referred to M'' Attorney to prepare and bring in the fame.
M"" Attorney, from the Committee of Propofitions and Grievances, prefented to the
Houfe, according to Order, a Bill For dividing the County of Lunenburg into three diftindl
Counties ; and the fame was read the firft Time, and ordered to be read a fecond Time.
A Petition of fundry Inhabitants of the County of Dinwiddic, fetting forth that there
is an abfolute Neceffity for another Infpedtion of Tobacco on the River Appomattox;
and praying that an A(5l may pafs to eftablifh one at Fifher's Landing, on the faid River.
Alfo a Petition of fundry Inhabitants of the County of Prtnce George, to the fame
Eflfedt, were feverally prefented to the Houfe and read.
Ordered, That the faid Petitions be referred to the Confideration of the Committee
of Propofitions and Grievances; that they examine into the Allegations thereof, and
report the fame, with their Opinion thereon, to the Houfe.
A Petition of the Juftices of James City Coimty, fetting forth that the Proprietors
of the publick Warehoufes at Hog Neck having, purfuant to their Orders, built a Wharf
there for the Convenience of receiving and fhipping Tobacco infpedled at the faid Ware-
houfe, they levied on the Inhabitants of their faid County, and paid the faid Proprietors,
the Sum of £6 for the fame ; and praying that, as the Rents of the faid Warehoufes are
not fufficient to repay them, they may be reimburfed by the Publick, was prefented
to the Houfe and read, and committed to the Confideration of the Committee of Claims.
A Petition of the Infpedtors of Tobacco at Colonel Robert Boiling's Warehoufe, in
the County of Dinwiddie, praying that their Salaries may be increafed, equal to their
Labour, was prefented to the Houfe and read.
Ordered, That the faid Petition do lie on the Table.
A
50
[ I09 ]
A Petition of fundry Inhabitants of the Counties of Dinwiddie, Amelia, Brunfwick^
Lunenburg and Halifax, praying that a new Infpe(5tion for Tobacco may be eftablifhed
on the Land of Robert Boiling, Gentleman, between the two Towns of Peterfburg and
Blandford, was prefented to the Houfe and read.
Ordered, That the faid Petition be referred to the Confideration of the Committee
of Propofitions and Grievances; that they examine into the Allegations thereof, and
report the fame, with their Opinion thereon, to the Houfe.
M'' Attorney, from the Committee of Propofitions and Grievances, reported that the
faid Committee had had under their Confideration a Petition from the County of ^ccowacib
to them referred, praying that the pub lick Warehoufes at CMi/d/orc? may be dif continued
and that new Warehoufes may be eftablifhed at Finley's Point, on Hunting Creek, in
the fame County, and had come to a Refolution thereon ; which he read in his Place,
and then delivered in at the Table, where it was again twice read, and agreed to by the
Hotife, as follows:
Refolved, That the faid Petition be rejedted.
Ordered, That the Commiffioners appointed by Adl of Affembly for fettling the
Accotmts relating to the Regiment be diredled to allow the Officers who recruited the
Regiment for fuch Men who were recruited by them and paid the enlifting Money, and
deferted before they could be carried to the Place of Rendezvous.
Ordered, That M'' Wtlliam Johnfon be added to the Committee of Claims.
A Petition of fimdry Inhabitants of the Parifh of Albemarle, in the Cotmty of Suffex,
in Oppofition to a Petition to be prefented for dividing the faid Parifh into two diftindt
Parifhes, was prefented to the Houfe and read.
Ordered, That the faid Petition be referred to the Confideration of the Committee
of Propofitions and Grievances; that they examine into the Allegations thereof; and
report the fame, with their Opinion thereon, to the Houfe.
An engroffed Bill, entitled, An Ad • to oblige all Captains or Commanders of Veffels
taking in Tobacco on Freight in this Colony, to make Publication of the Freight they fhall
fail at, before their Loadings fhall be obtained, was read a third Time, and the Blanks
therein filled up ; and the Quef tion being put that the faid Bill do paf s,
It paffed in the Negative.
Refolved, That the faid Bill be rejedled.
A Bill For the more effedtual keeping the publick Roads and Bridges in Repair
was read the fecond Time, and ordered to be committed to a Committee of the whole
Hovife Tomorrow.
M"" Cary, from the Committee of Claims, reported that the faid Committee had had
tmder their Confideration feveral Matters to them referred, and had come to feveral
Refolutions thereon; which he read in his Place, and then delivered in at the Table,
where the fame were again twice read, and agreed to by the Houfe, and are as follow :
Refolved, That the Petition of the Juftices of York Cotmty, to be paid the Sum of
£14 by them expended in repairing the publick Wharf at the Infpedlion of Tobacco at
York Toum, in that County, is reafonable ; and that they ought to be allowed the faid
Sum of ;;£i4, the Rents of the faid Warehoufe not being fufficient to reimburfe them the
fame.
Refolved, That William Purcell ought to be allowed the Sum of £2. js. 8d. as Affignee
of Giles Burdett, for the Exprefs in his Petition mentioned.
Refolved, That the Claim of William Sewell, for the Prifon Fees of feveral Soldiers
in the Years 1754 and 1755, be rejedled.
Refolved, That the Petition of John Pofey, Lieutenant in the Virginia Regiment, to
be allowed fimdry Expenfes for enlifting and fubfifting feveral Recruits for the Virginia
Regiment, and for the Bounty Money paid fome of the faid Recruits, and for Cafh paid,
the Reward and Prifon Fees paid for one of the faid Recruits who deferted, and aKo for
a Dodtor for Medicines adminiftered to them when fick, is reafonable.
Refolved
' Not in Hening .
[ no ]
Refolved, That the faid John Pofey ought to be allowed the Sum of £76. 14s. lod.
the Balance of the Bounty Money and Subfiftence of the faid Recruits.
Refolved, That the faid John Pofey ought to be allowed the Stun of £8. 4s. gd. the
Balance of the Dodtor's Account.
Refolved, That the faid John Pofey ought to be allowed the Sum of £22. js. id. for
Ferriage for himfelf, Parties and Recruits, paid by him, the faid Recruits being enlifted
in Maryland and Pennfylvania.
Refolved, That the faid John Pofey ought to be allowed the Sum of £7. 14s. 4d.
Halfpenny, paid by him for Prifon Fees, and the Reward for taking up John Berry, a
deferted Soldier.
Refolved, That the feveral Sums allowed to the faid John Pofey ought to be paid out
of the Money raifed in Purfuance of an Ad, entitled An Ad' for granting an Aid to
his Majefty.
Ordered, That M"" Southy Simpfon have Leave to be abfent from the Bufmefs of this
Houf e for 1 5 Days.
A Bill To oblige the Juftices of the County of Albemarle to refimd to the Coimties
of Amherft and Buckingham their juft Proportion of the Money paid for Weights and
Meafures before the Divifion of the faid County of Albemarle, was read a fecond Time.
Ordered, That the faid Bill be engroffed, and read a third Time.
A Bill For further continuing and amending the Adt, entitled, An Ad' for the better
regulating and colleding certain Officers Fees, and for other Pjtrpofes therein mentioned,
was read a fecond Time, and committed to a Committee of the whole Houle on Monday
next.
A Bill To amend the Adt, entitled An Ad^ to oblige the Owners of Mills, Hedges, or
Stone Stops, on fundry Rivers therein mentioned, to make Openings or Slopes therein for
the Paffage of Fifh, and for other Purpofes therein mentioned, was read a fecond Time, and
committed to the Committee of Propofitions and Grievances.
A Bill For adding Part of the County of King and Queen to the Coimty of Caroline,
and for altering the Court Day of the faid County of King and Queen, was read the fecond
Time.
Ordered, That the faid Bill be engroffed, and read a third Time.
A Bill For diffolving the Veftry of the Parifh of Hampfhire, in the Coimty of Hamp-
fhire, and eledling a new Veftry in the faid Parifh, was read a fecond Time.
Ordered, That the faid Bill be engroffed, and read a third Time.
A Bill For eftablifhing the Town of Mecklenburg, in the Coimty of Frederick, was 53
read a fecond Time.
Ordered, That the faid Bill be engroffed, and read a third Time.
A Bill For dividing the Parifh of Nottoway, in the Coimty of Southampton, was read
a fecond Time.
Ordered, That the faid Bill be engroffed, and read a third Time.
The Order of the Day being read, for the Houfe to refolve itfelf into a Committee,
to take into their further Confideration the Govemour's Speech.
Refolved, That the Houfe will again refolve itfelf into the faid Committee on Friday
next.
On a Motion made,
Ordered, That Leave be given to bring in a Bill To amend the Adt, entitled. An Ad*
for encouraging Arts and Manufadures; and it is referred to M"" Wythe and M^ Attorney
to prepare and bring in the fame.
M"" Gary, from the Committee appointed, prefented to the Houfe, according to Order
a Bill For deftroying Crows and Squirrels ; and the fame was read the firft Time, and
ordered to be read a fecond Time.
And then the Houfe adjourned until Tomorrow Morning 11 "'Clock.
XiPe6nes6aY
' Not in Hening. ' Honing, V, p. 326. 3 Ibid., VII, p. 321. 4 Ibid., VII, p 288.
[ III ]
Wednesday, l^c 24tl) of November, 3 (Beo. Ill 1762.
AN engroffed Bill, entitled, An Ad ' jor dividing the Parifh of Nottoway, in the
County of Southampton, was read a third Time, and the Blanks therein filled
up.
Refolved, That the faid Bill do pals.
Ordered, That M"" Gray do carry up the faid Bill to the Council for their Concurrence.
Two Claims of William Barham and Anthony Robin f on, for taking up Runaways
therein mentioned, were prefented to the Hoiofe and read, and referred to the Confidera-
tion of the Committee of Claims.
Alfo a Claim of David Swilling, praying that he may be allowed for a Horfe impreffed
by Order of Colonel Spotfivood, deceafed, for the Ufa of the Militia in the Year 1755, and
for 16 Days Attendance as a Phyfician on William Wilmore, a Soldier, in a nen^ous
Diforder, by the Diredlions of the faid Colonel Spotfwood, was prefented to the Houfe
and read.
Ordered, That the faid Committee be referred to the Confideration of the Committee
of Claims; that they examine into the Allegations thereof, and report the fame, with
their Opinion thereupon, to the Hoiife.
M"" Attorney, from the Committee of Propofitions and Grievances, prefented to the
Houfe, according to Order, a Bill For enlarging the Town of Alexandria, in the County
of Fairfax.
Alfo a Bill For appointing Diredtors and Truftees for the Town of Blandford, in the
County of Prince George, and to prevent Hogs running at large therein ; and the fame
were read the firft Time, and ordered to be read a fecond Time.
A Petition of John Palmer, praying that he may be allowed for a Horfe and Bridle
impreffed by Order of the Commanding Officer of Fairfax Militia in 1756, and for which
he has received no Satiffadtion, was prefented to the Hotife and read.
Ordered, That the faid Petition be referred to the Confideration of the Committee
of Claims; that they examine into the Allegations thereof, and report the fame, with
their Opinions thereupon, to the Houfe.
A Memorial of Andrew Lewis, fetting forth that he entered into the Service of this
" Colony fo early as the Year 1754, when the Virginia Regiment was firft eftablifhed, and
continued in it until laft Spring, when it was reduced, during which Time he flatters
himfelf he has behaved well; that your Memorialift was taken Prifoner in 1758 by the
Savages before Fort Du Quefne, and delivered over to the French, who committed him
a clofe Prifoner in the Gaol of Quebeck, where he remained 16 Months; that his long
Abfence from his domeftick Affairs, and the great and neceffary Expenfes he was obliged
to fubjedl himfelf to during his Captivity, in Order to fupport his Rank, has greatly
impoverifhed his private Fortune ; and himably praying this Houfe will take his Cafe
into Confideration, was prefented to the Hotife and read.
Ordered, That the faid Memorial be referred to the Confideration of M"" Wafhington,
M'' Wilfan, M"" Mercer, M'' Fitzhugh and M'' George John (ton; that they examine into the
Allegations thereof, and report the fame, with their Opinion thereupon, to the Houfe.
Ordered, That M'' Walker have Leave to be abfent from the Bufinefs of this Houfe
14 Days.
M' Attorney, from the Committee of Propofitions and Grievances, reported that the
faid Committee had had under their Confideration divers Propofitions to them referred,
and had come to feveral Refolutions thereupon; which he read in his Place, and then
delivered in at the Table, where the fame were again twice read, and agreed to by the
Houfe, and are as follow : .
Refolved, That the feveral Petitions of fundry Inhabitants of the Counties of Din-
widdie, Amelia, Brunfwick, Lunenburg, and Halifax, praying that Warehoufes for the
Reception
I Hening, VII., p. 618.
[ 112 ]
Reception of Tobacco may be built, and a new Infpedlion eftabliChed, on the Land of
Robert Boiling, Gentleman, on Appomattox River, between Blandford and Peterfburg,
are reafonable.
Refolved, That the feveral Petitions of fundry Inhabitants of the Coimties of Suffex,
Prince George, Dinwiddie and Southampton, praying that Warehoufes for the Reception
of Tobacco may be built, and a new Infpedlion eftablifhed, at Fifher's Landing, on the
faid River Appomattox, be reje<5led.
Ordered, That it be an Inftrudlion to the Committee of Propofitions and Grievances,
who are to bring in a Bill For further continuing and amending the Staple of Tobacco,
That they receive a Claufe or Claufes purfuant to the firft Refolution.
M"" Gary, from the Committee of Claims, reported that the faid Committee had had
under their Confideration two Petitions to them referred, and had come to two Refolu-
tions thereon ; which he read in his Place, and then delivered in at the Table, where they
were again twice read, and agreed to by the Houfe, and are as follow :
Refolved, That the Petition of Robert M'Mahan, to be allowed for Damages done
him by the Indians, is reafonable, and that he ought to be paid the Sum of £20. 2s. for
the fame.
Refolved, That the Petition of the Jviftices of James City County, to be paid for
building a Wharf at Hog Neck Warehoufe, in that County, is reafonable ; and that they
ought to be allowed the Sum of £6 for the fame, the Rents of the faid Warehoufe being
infuflficient to reimburfe them the Expenfe thereof.
Ordered, That it be an Inftrudlion to the Committee of Claims to make the faid
Allowances in the Book of Claims, purfuant to the faid Refolutions.
A Petition of Garter Henry Harrifon, and fundry other Inhabitants of the Counties of
Gumberland and Buckingham, praying that an Adl may pafs to empower the faid Carter
Henry Harrifon to build a Grift Mill over Willis's Creek, which runs through his Land, s<
and to eredl a Dam acrofe the fame, was prefented to the Houfe and read.
Ordered, That the faid Petition be referred to the Confideration of the Committee
of Propofitions and Grievances; that they examine into the Allegations thereof, and
report their fame, with their Opinion thereon, to the Houfe.
A Motion being made, and the Queftion put that Leave be given to bring in a Bill
To relieve fundry Perfons whofe Lands have been injured by cutting down their Timber
to build Fort Loudoun,
It paffed in the Negative.
The Order of the Day being read for the Houfe to refolve itfelf into a Committee
on the Bill For the more effedlual keeping the publick Roads and Bridges in Repair.
Refolved, That this Houfe will again refolve itfelf into the faid Committee on Friday
next.
An engroffed Bill, entitled, An Ad • for diffolving the Veftry of the Parifh of Hamp-
fhire, in the County of Hampfhire, and eleding a new Veftry in the faid Parifh, was read
a third Time, and the Blanks therein filled up.
Refolved, That the faid Bill do pafs.
Ordered, That M"" Attorney do carry up the faid Bill to the Coimcil for their Con-
currence.
An engroffed Bill, entitled. An Ad' for adding Part of the County of King and Queen
to the County of Caroline, and for altering the Court Day of the faid County of King and
Queen, was read the third Time and the Blanks therein filled up.
Refolved, That the faid Bill do pafs.
Ordered, That M"' Pendleton do carry up the faid Bill to the Council for their Con-
currence.
M' Gary, from the Committee of Claims, reported that the faid Committee had had
vmder their Confideration fundry Accounts for Neceffaries fumifhed the Indians, and
for Condudlors Pay for them, during the Campaign under General Forbes, in the Year
1758
« Hening VII, p. 616. > Ibid.. VII, p. 620.
[ "3]
1758, to them referred, and had come to feveral Refolutions thereon ; which he read in
his Place, and then delivered in at the Table, where they were again read, and are as
follow :
Refolved, That it is the Opinion of this Committee that Thomas Rutherford ought
to be allowed the Sum of £61. 6s. gd. Halfpeny, for Goods and Provifions fumifhed the
Indians.
Refolved, That the Balance of the faid Rutherford's Account, being £12, for Con-
du(5tors Pay and Expenfes, be rejedted.
Refolved, That Everhart Deering ought to be allowed the Sum of £2>°. 15s. gd.
Halfpeny, for Provifions fumifhed the Indians.
Refolved, That George Laubinger ought to be allowed the Siim of £iQ. gs. jd. Half-
peny, for Provifions fumifhed the Indians.
Refolved, That the Claim of John Don, for a Quarter Cafk of Wine fumifhed the
Indians, be rejedted.
The firft, fecond, third and fourth Refolutions, being feverally read a fecond Time,
were agreed to by the Houfe.
The laft Refolution being aKo read a fecond Time, and the Queftion put that the
Hovife agree thereto,
It paffed in the Negative.
Ordered, That the fame be recommitted to the faid Committee, to value the Wine
in the Refolution mentioned, and to report the fame to the Houfe.
^ A Bill For deftroying Crows and Squirrels was read a fecond Time, and committed
to the Committee of Propofitions and Grievances.
And then the Houfe adjourned until Tomorrow Morning 11 °'Clock.
I3^urs6aY, t^e 25t^ of 5lovember, 3 (Beo. Ill 1762.
MR Bland, from the Committee of Privileges and Eledtions, reported that the
faid Committee had had tmder their Confideration the Information referred
to them concerning the late Eledtion of M'' Thomas Bailey to ferve as a
Burgefs in this prefent General Affembly for the County of Surry, and had
agreed on a Report, and come to two Refolutions thereon; which he read in his Place,
and then delivered in at the Table, where they were again twice read, and agreed to by
the Houfe, as follow :
It appears to your Cmnynittee that John Peter, late High Sheriff of the faid County
of Surry, formed the Office of Sheriff to one Thomas Cocke, who employed the faid M'
Bayley, upon ftanding Wages, to execute the Office of Under Sheriff with him for two
Years: That in the Month of Augnft laft Thonxas Wilfon was appointed and fwom High
Sheriff of the faid County, at which Time there was one Month remaining imexpired
of the Time the faid M'' Bayley had undertaken to execute the faid Office for the faid
Thomas Cocke; and that, by Permiffion of the faid Thomas Wilfon, he fwore in as Under
Sheriff, to enable him to complete the faid Term of two Years, according to his Agree-
ment with the faid Thofnas Cocke; but that he never executed any Writ, or other Procefs,
from the Time the faid Thomas Wilfon was fwom High Sheriff as aforefaid.
Refolved, That it is the Opinion of this Committee that the faid AP Thotnus Bayley
was not Under Sheriff of the faid Cotmty of Surry at the Time of the faid Eledtion.
Refolved, That it is the Opinion of this Committee that the faid M'' Thomas Bayley
is duly eledted to ferve as a Burgefs in this prefent General Affembly for the faid Coimty
of Surry.
A Bill For appointing Diredlors and Truftees for the Town of Blandford, in the
County of Prince George, and to prevent Hogs running at Large therein, was read the
fecond Time.
Ordered, That the faid Bill be engroffed, and read a third Time.
[ 114]
M' Attorney from the Committee of Propofitions and Grievances, reported that the
faid Committee had had mider their Confideration divers Propofitions to them referred,
and had come to feveral Refolutions thereon; which he read in his Place, and then
delivered in at the Table, where they were again twice read, and agreed to by the Hoxife,
as follow :
Refolved, That the Petition of fvmdry Inhabitants of the Parifh of Albemarle, in
the County of Suffex, praying that the faid Parifh may be divided, according to the
Lines in the faid Petition defcribed, be rejedted.
Refolved, That the Petition of fxmdry Inhabitants of the faid Parifh, in Oppofition
thereto, is reafonable.
Refolved, That the Petition of John Cocke, praying that a Ferry may be eftablifhed
from the Town of Cobham, in the Cotmty of Surry, over James River, to Jameftoum, be
rejected .
M' Cary, from the Committee of Claims, reported that the faid Committee had had
under their Confideration feveral Matters to them referred, and had come to feveral
Refolutions thereon; which he read in his Place, and then delivered in at the Table,
where they were again twice read, and agreed to, with an Amendment, as follow:
Refolved, That the Claim of John Rofs, for Provifions found at PearfcaWs Fort, in
the Year 1756, be rejeded, not being regularly certified.
Refolved, That the Claim of Gerfham Keys, for Provifions fumifhed the Militia of
Fairfax Coimty, be rejedled, it appearing that the laft Article in his Account has been
already allowed.
Refolved, That the Petition of John Palmer, to be allowed for a Horfe and Bridle
impreffed for the Ufe of the Fairfax Militia, be rejedled, it appearing that the faid Palmer
was allowed for the fame in the laft Book of Claims.
On a Motion made.
Ordered, That Leave be given to bring in a Bill For the better and more regular
colledling his Majefty's Quitrents, and the publick Taxes ; and it is referred to M'' Bland,
M"" Richard Henry Lee and M"" Landon Carter, to prepare and bring in the fame.
A Petition of Charles Binns, Clerk of Loudoun Coimty, praying fome Alteration
as to his Fees, was prefented to the Houfe and read.
Ordered, That the faid Petition be referred to the Confideration of the Committee
of Propofitions and Grievances; that they examine into the Allegations thereof, and
report the fame, with their Opinion thereon, to the Houfe.
An engroffed Bill, entitled. An Ad « for eftablifhing the Toum of Mecklenbvirg, in the
County of Frederick, was read the third Time, and the Blanks therein filled up.
Refolved, That the faid Bill do pafs.
Ordered, That M' Mercer do carry up the faid Bill to theCovmcil for their Concurrence.
A Bill For enlarging the Town of Alexandria, in the County of Fairfax, was read
the fecond Time.
Ordered, That the faid Bill be engroffed, and read a third Time.
And then the Houfe adjourned until Tomorrow Morning 11 ''Clock.
lFrl6aY. tb<i 26lb of 5lovember, 3 (5eo. UU 1762.
THE Houfe, according to Order, refolved itfelf into a Committee to take into their
further Confideration the Govemour's Speech; and after fome Time fpent
therein, M' Speaker ref tuned the Chair, and M' Attorney reported that the
Committee had had the faid Speech, and the Letters to them referred, tmder
their further Confideration, and gone through the fame, and had come to two Refolu-
tions thereon ; which he read in his Place, and then delivered in at the Table, where they
were again twice read, and agreed to by the Houfe, with an Amendment, as follow:
Refolved
« Hening, VII, p. 600
[ "5]
Refolved, That an Addrefs be prefented to his Honour the Govemour, to affure him
of our inviolable Attachment to his Majefty and his Service, and at the fame Time to
exprefs ovir Concern that the prefent unhappy Circumftances of this Colony will not
permit us to manifeft our Zeal for the Support of the common Caufe, by continuing
the Regiment for a longer Time than it now ftands provided for: The large Sums that
we have been obUged to iffue in Treafury Notes, to enable us to comply with his Majefty's
Requifitions, have already occafioned feveral Complaints, particularly from the Mer-
58 chants of Great Britian trading to this Colony ; and as we have no other Means of defray-
ing the Expenfe of the Regiment than by a new Emiffion of Treafury Notes, which will
not only increafe thofe Complaints, but may greatly depreciate the Value of the Notes
already iffued, to the manifeft Injviry of the Trade and Credit of this Colony, we flatter
ourfelves that our Refufal will not be looked upon as a Deviation from, but rather a
Continuance of, that Affedtion and Loyalty which have hitherto influenced all our
Adlions.
Refolved, That an htimble Addrefs be made to his Majefty, to congratulate him on
the happy Event of the Birth of an Heir to his Crown and Virtues.
Ordered, That a Committee be appointed to draw up the feveral Addreffes purfuant
to the faid Refolutions; and it is referred to M' Attorney, M'' Bland, M'' Richard Henry
Lee, 'W Pendleton and M"" Wythe, to prepare and bring in the fame.
A Petition of Richard Baker, for and in Behalf of his Brother James Baker, deceafed,
late a Lieutenant in the Virginia Regiment, fetting forth that his faid Brother was fent
out by Order of the late Govemour Dinwiddie to the Nottoway and Tufkarora Nations
of Indians, to induce them to take up Arms in Defence of this Colony ; that his faid
Brother did accordingly raife and march large Bodies of the faid Indians, feveral Times,
to the Frontiers of this Colony ; that by f undry long and expenfive Joumies from Fort
Cumberland to the faid Nations of Indians, and his Expenfes in procuring the faid Indians
firft to march, he expended large Stmis of Money, befides going in Debt to fimdry Perfons
in the Stim of £1^0, or thereabouts; that he was foon after flain on the Banks of the
Ohio, near Fort DuQuefne, bravely fighting in Defence of his Country, without leaving
fufficient to fatiffy the faid Demands; and praying that he may be allowed by the
Publick a Sum of Money fufficient to difcharge his faid Brother's Debts, was prefented
to the Hovife and read, and referred to the Confideration of the Committee of Claims.
On a Motion made.
Ordered, That the Treafurer of this Colony lay his Accounts before the Houfe.
The Houfe, according to Order, refolved itfelf into a Committee on the Bill For the
more effedtual keeping the publick Roads and Bridges in Repair ; and after fome Time
fpent therein, M"" Speaker refumed the Chair, and M'' Attorney reported that the Committee
had gone through the faid Bill, and made feveral Amendments thereto ; which they had
diredled him to report to the Houfe ; and he read the faid Amendments in his Place,
and then dehvered them in at the Table, where they were again twice read, and agreed
to, with fome Amendments.
Ordered, That the faid Bill, with the Amendments, be engroffed, and read a third
Time.
And then the Houfe adjourned until Tomorrow Morning 11 "'Clock.
se
Salur6a^. tt)ii 271^ of 5lovemb(tr, 3 (5co. III. 1762.
THE Treafurer, according to Order, laid his Accounts before the Hoxife.
Ordered, That the faid Accotmts do Ue on the Table, for the Perufal of the
Members of this Houfe.
A Petition of Abraham Lunderman, fetting forth that he hath been a
Soldier in the Virginia Regiment upwards of five Years, during which Time he hath done
his Duty ; that by extreme Colds in the Service he has contradled a rheumatick Diforder,
which has taken away the Ufe of his Limbs, in which Condition he is Hke to remain the
Reft
[ ii6]
Reft of his Life ; and praying fome Relief for his Sufferings, was prefented to the Houfe
and read.
Ordered, That the faid Petition be referred to the Conlideration of the Committee
of Claims; that they examine into the Allegations thereof, and report the fame, with
their Opinion thereon, to the Hoiife.
M' Richard Henry Lee, from the Committee appointed, prefented to the Hotife,
according to Order, a Bill To explain and amend one Adt of Affembly, made in the 4*''
Year of the Reign of Queen Anne, entitled. An Ad ' for regulating the Eledions of Btirgeffes,
for fettling their Privileges, and for afcertaining their Allowances; alfo one other Adt, made
in the 10* Year of George II. entitled, i4n Ad^ to declare who fhall have a Right to vote in
the Eledion of Btirgeffes to ferve in the General Affembly for Coimties, and for preventing
frandtdent Conveyances in Order to multiply Votes at fuch Eledions; and the fame was
read the firft Time, and ordered to be read a fecond Time.
M"' Attorney, from the Committee of Propofitions and Grievances, to whom the Bill
To amend an A<5t, entitled, An Ad^ to oblige the Owners of Mills, Hedges, or Stone Stops,
on fundry Rivers therein mentioned, to make Openings or Slopes therein for the Paffage of
Fifit, and for other Purpofes therein mentioned, was committed, reported that the Com-
mittee had made feveral Amendments thereto; which he read in his Place, and then
delivered the Bill with the Amendments in at the Table, where the Amendments were
again twice read, and agreed to by the Hovife.
Ordered, That the faid Bill with the Amendments be engroffed, and read a third
Time.
M"^ Attorney, from the faid Committee, prefented to the Hovife, according to Order,
a Bill To amend an Adt, entitled An Ad* for regulating Ordinaries, and Reftraint of
Tippling Houfes; and the fame was read the firft Time, and ordered to be read a fecond
Time.
M'' Attorney, alfo reported that the faid Committee had had tmder their Confidera-
tion divers Propofitions and Petitions from feveral Counties to them referred, and had
come to feveral Refolutions thereon ; which he read in his Place, and then delivered in
at the Table, where they were again twice read, and agreed to by the Houfe, as follow:
Refolved, That the Petition of Nicholas Davies, praying that a Ferry may be eftab-
lifhed from his Land in the Coimty of Bedford, near the Mouth of Tuckaho Creek, over
the Fluvannah River, to his Land near the Mill Stone Quarry, in the Covmty of Amherft,
ought to be referred to the Confideration of the next Seffion of Affembly.
Refolved, That the Petition of fundry Inhabitants of the upper End of the County
of Amherft, praying that a Ferry may be eftabliChed from the Land of Cornelius Thomas,
at or near the Mouth of Mill Creek, on the north Side of the Fluvannah River, to the
oppolite Land of Nicholas Davies, in the Cotmty of Bedford, ought to be referred to the
Confideration of the next Seffion of Affembly.
Refolved, That the Petition of fundry Inhabitants of the County of Albemarle,
praying that a Town may be eftablifhed on the Land of contiguous to the
Courthoufe of the faid County, is reafonable.
Refolved, That the feveral Petitions of fundry Inhabitants of the Cotmties of Buck-
ingham and Cumberland, praying that quarterly Courts may be eftablifhed in the feveral
Counties of this Colony, are reafonable.
Refolved, That the Petition of Carter Henry Harrifon, Gentleman, and fundry Inhab-
itants of the Counties of Cumberland and Buckingham, praying that he may be empowered
to build a Mill and raife a Dam over Willis's Creek, in the faid Coimty of Cumberland,
is reafonable.
Refolved, That the two Petitions of fundry Inhabitants of the Parifhes of Cameron
and Truro, in the Counties of Fairfax and Loudoun, praying that fo much of the faid
Parifh of Cameron as lies below the Line dividing thofe two Coimties may be added to the
Parifh of Truro, are reafonable.
Ordered
» Hening, III, p. 236. 3 76id., VII, p. 321 . 4 /Wd., VI, p. 71 .
• Ibid., IV, p. 475.
60
[ "7]
Ordered, That it be an Inftrudtion to the faid Committee to prepare and bring in a
Bill or Bills purfuant to the fovir laft Refolutions.
An engroffed Bill, entitled, An Ad"- for enlarging the Town of Alexandria, in the
County of Fairfax, was read the third Time, and the Blanks therein filled up.
Refolved, That the faid Bill do pafs.
Ordered, That M'' George Johnfton do carry up the faid Bill to the Council for their
Concurrence.
An engroffed Bill, entitled An Ad" to oblige the Juftices of the County of Alhemarle
to refund to the Counties of Amherft and Buckingham their juft Proportion of the Money
paid for Weights and Meafiires before the Divifion of the faid County of Albemarle, was
read the third Time, and the Blanks therein filled up.
Refolved, That the faid Bill do pafs.
Ordered, That M'' William Cabbel do carry up the faid Bill to the Council for their
Concurrence.
And then the Houfe adjourned until Monday Morning ii "'Clock.
yCtonba^. tl)e 29tb of ^lovember, 3 (5eo, III 1762.
A Petition of Henry Scarburgh, fetting forth that he is feized in Taille of a Tradt
of Land lying in Pungoteague Creek, in the Coimty of Accomack, containing
3050 Acres; that he has no Slaves to cultivate it, and therefore the Poffeffion
of it has been rather a Difadvantage to him than otherwife; and that it
would be greatly to his Advantage to difpofe of 1525 Acres, Part thereof, and lay out
the Money arifing from the Sale thereof in the Purchafe of Slaves, to be fettled to the
fame Ufes ; and praying that an Ad may pafs for that Piu-pofe, was prefented to the
Houfe and read.
Ordered, That a Bill be brought in purfuant to the Prayer of the faid Petition, and
it is referred to M"" Lemuel Riddick to prepare and bring in the fame.
M'" Wafhington, from the Perfons to whom the Memorial of Major Andrew Lewis
was referred, reported that they had had the fame tmder their Confideration, and had
agreed on a Report, and come to a Refolution thereon ; which he read in his Place, and
then delivered in at the Table, where it was again twice read, and agreed to by the Houfe,
as follows :
It appears to your Committee that the Memorialift entered into the Service of this
Colony in the Year 1754; that he continued therein tmtil the Redudlion of the Virginia
Regiment in January laft; that in the Year 1758 he was taken Prifoner before Fort
DuQuefne by the Savages, who ftripped and plundered him of all his Clothes, &c. and
that he was afterwards delivered up to the French, and carried to Quebeck, where he
remained in Captivity for the Space of 16 Months : That during his Continuance in the
Service of his Country he very juftly acqtiired the Charadler of a prudent, brave, and
good Officer.
Refolved, That the faid Major Andrew Lewis be allowed the Stun of £350, as well
61 for a Reward for his faithful Services to his Countr}^ as a Recompenfe for the Hardfhips
he fuffered diu-ing his Captivity, and the great Expenfes he was obHged to fubjedt him-
felf to, in Order to fupport and maintain the Dignity of his Charadler as an Officer.
Ordered, That the faid Refolve be engroffed, and that M"- Mercer do carry it up to
the Council for their Concurrence.
M'' Attorney from the Committee of Propofitions and Grievances, reported that the
faid Committee had had imder their Confideration a Petition of fimdry Inhabitants of
the Parifh of Truro, in the Coimty of Fairfax, praying that the faid Parifh may be divided
into two diftindl Parifhes, according to the Lines therein particularly defcribed; alfo
a Petition of fundry other Inhabitants of the faid Parifh, in Oppofition to the faid Divi-
fion
I Hening, VII, p. 6o4. » Ibid., VII, p. 625.
[ ii8]
lion ; and had come to two Refolutions thereupon ; which he read in his Place, and then
delivered in at the Table, where they were again twice read, and agreed to by the Hotife,
as follow :
Refolved, That the faid Petition, praying a Divifion of the faid Parifh, be rejedted.
Refolved, That the faid Petition, in Oppofition thereto, is reafonable.
M'' Attorney alfo reported that the faid Committee had alfo had imder their Con-
fideration a Petition of fundry Inhabitants of the faid Parifh of Truro, complaining of
fundry illegal Practices of the prefent Veftry of the faid Parifh, and praying that the
faid Veftry may be diffolved ; and had come to the following Refolution thereupon.
Refolved, That the faid Petition is reafonable.
Ordered, That it be an Inftrudtion to the faid Committee to prepare and bring in a
Bill or Bills purfuant to the laft Refolution.
M"" Pendleton, from the Committee appointed, prefented to the Houfe, according to
Order, a Bill To eftablifh a more eafy and expeditious Method for the Trial of Criminals,
and of Caufes depending in the General Court ; and the fame was read the firft Time,
and ordered to be read a fecond Time.
A Petition of William Sweene, a Soldier in the 2^ Virginia Regiment, fetting forth
that in the Adlion before Fort DttQuefne he received a Wound in one of his Arms, which
has ever fince rendered him incapable of laboxiring fufiicient to fupport himfelf and Fam-
ily; and praying the Confideration of the Houfe therein, was prefented to the Houfe
and read.
Ordered, That the faid Petition be referred to the Confideration of the Committee
of Claims; that they examine into the Allegations thereof, and report the fame, with
their Opinion thereupon, to the Houfe.
A Claim of Thomas Cowles, for taking up a Rimaway therein mentioned, was pre-
fented to the Houfe and received, and referred to the Confideration of the Committee of
Claims.
Ordered, That M' Jofeph Cabbel have Leave to be abfent from the Bufinefs of the
Houfe this Remainder of this Seffion.
M' Richard Henry Lee, from the Committee appointed, prefented to the Houfe,
according to Order, a Bill For the Relief of infolvent Debtors, for the more effedlual
Dif covery and more equal Dif tribution of their Eftates ; and the fame was read the firft
Time, and ordered to be read a fecond Time.
The Order of the Day being read for the Houfe to refolve itfelf into a Committee
on the Bill For continuing and amending the Acft, entitled An Ad'' jar the better regulating
and colleding certain Officers Fees, and for other Purpofes therein mentioned.
Refolved, That this Houfe will refolve itfelf into the faid Committee on Friday next.
Several Accounts from fimdry Inhabitants of the Coimty of Halifax, for Provifions
and other Neceffaries fumifhed to the Militia, and for tributary Indians, in their march-
ing through the Coimty, were feverally prefented to the Hotife and received, and referred
to the Confideration of the Committee of Claims.
And then the Houfe adjourned until Tomorrow Morning Ji "'Clock.
TDUdsba^, t^e 30t^ of 5lovember. 3 <5eo. III. 1762.
MR Cary, from the Committee of Claims, reported that the faid Committee
had had imder their Confideration feveral Matters to them referred, and had
come to feveral Refolutions thereon ; which he read in his Place, and then
delivered them in at the Table, where they were again twice read, and
agreed to, with fome Amendments, as follow:
Refolved, That the Petition of Abraham Lunderman, late a Soldier in the Virginia
Regiment, for Relief, he being rendered incapable of getting his Livelihood, and a Cripple,
by the Hardfhips he underwent in the Service of this Colony, is reafonable; and that
he ought to be allowed the Sum of £io for Relief in his prefent Neceffity, and the further
Sum of £io a Year during his Indifpofition. Refolved
» Hening, V, p. 326.
63
63
[ "9]
Refolved, That the Petition of David Zwilling, to be paid for a Horfe impreffed in
the Service of this Colony, and for Medicines and Attendance for Soldiers when fick, is
reafonable ; and that he ought to be allowed the Siim oi £?> for the faid Horfe, and the
further Stim oi £2>. ys. for his Medicines and Attendance on the faid Soldiers.
Refolved, That the Claim of James Patty, to be allowed for the Lof s of the Labour of
a Slave who was committed to the Gaol of Caroline Coimty on Sufpicion of Felony, and
whiKt imprifoned was froftbitten and rendered incapable of Service, is reafonable ; and
that he ought to be allowed the Simi of £3. 155. for the fame.
Ordered, That it be an Inftrudlion to the Committee of Claims to make the feveral
Allowances in the Book of Claims, purfuant to the faid Refolutions.
A Bill To eftablifh a more eafy and expeditious Method for the Trial of Criminals,
and of Caufes depending in the General Court, was read the fecond Time ; and it was
further ordered that the faid Bill fhould be printed, and a Copy thereof fent by the
Printer to each of the Members of this Hovife.
On a Motion made,
Ordered, That Leave be given to bring in a Bill To amend an Adt, entitled, An Ad^
for preventing exceffive and deceitful Gaming; and it is referred to M' Richard Henry Lee
to prepare and bring in the fame.
A Claim of Thomas Scruggs and Jofeph Lewis, Junior, for taking up Rimaways
therein mentioned.
Alfo fundry Accounts for Provifions found for the Militia of and fundry
tributary Indians, were feverally prefented to the Houfe and received, and referred to
the Confideration of the Committee of Claims.
M' Attorney, from the Committee of Propofitions and Grievances, prefented to the
Hotife, according to Order, a Bill For further continxung] the A<5b for the better regulat-
ing and difciplining the Militia.
Alfo a Bill For adding Part of the Parifh of Cameron to the Parifh of Truro.
Alfo a Bill For further continuing the Adt for reducing the feveral Adts for making
Provifion againf t Invafions and Inf urredlions into one Adl ; and the fame were feverally
read the firft Time, and ordered to be read a fecond Time.
A Petition from the Clerk, Survey er, Sheriff and Gaoler, of the County of Cumber-
land, praying that the Deduction for Officers Fees in the faid Coimty may be reduced,
was prefented to the Hoiife and read.
Ordered, That the faid Petition be referred to the Confideration of the Committee
of Propofitions and Grievances; that they examine into the Allegations thereof, and
report the fame, with their Opinion thereon, to the Houfe.
A Petition of Capt. John Smith, praying to be reimburfed the Sum of ;^75 for fo
much paid by him to his Lieutenant, Thomas Langdon, for his Pay from September jo"'
^755> to June 25"', 1756, having never received any Satiffadtion for the fame, was pre-
fented to the Houfe and read, and referred to the Confideration of the next Seffion of
Affembly.
On a Motion made,
Refolved, That this Houfe will not receive any Claims after Monday next.
M' Wythe, from the Committee appointed, prefented to the Houfe, according to
Order, a Bill To amend the Adl for encouraging Arts and Manvifadtures ; and the fame
was read the firft Time, and ordered to be read a fecond Time.
A Petition of Jofeph Donald f on, late Surgeon's Mate in the Virginia Regiment,
praying to be allowed Half Pay for one Year, was prefented to the Houfe and read.
Ordered, That the faid Petition be referred to the Confideration of the Committee
of Claims; that they examine into the Allegations thereof, and report the fame, with
their Opinion thereon, to the Houfe,
A Petition of Robert Rutherford and Mary Wood, in Behalf of themfelves and others
letting forth that they and others, who were Proprietors of Lands adjoining the Town
of Winchefter, have fuffered much by having their Timber cut down to build Fort
Loudoun; that fome of them have not only had their Timber deftroyed, but have had
their
' Hening, VI, p. 76.
[ I20 ]
their Lands fo pillaged as not to have Firewood left ; and praying the Confideration of
the Houfe therein, was prefented to the Hotife and read.
Ordered, That the faid Petition be referred to the Confideration of the Committee of
Propofitions and Grievances ; that they examine into the Allegations thereof, and report
the fame, with their Opinion thereon, to the Hovife.
M'' Riddick prefented to the Hoiofe, according to Order, a Bill To dock the Entail
of certain Lands whereof Henry Scarburgh, is feized in Fee Taille, and for other Ptir-
pofes therein mentioned ; and the fame was read the firft Time, and ordered to be read
a fecond Time.
The Houfe being informed that Bertrand Ewell had levied for him in the laft Book
of Claims for the Parifh and Coimty Levies of his Tithes employed in the Quantico Iron
Works, in the Years 1759 and 1760, 2008 lbs. of Tobacco, which was unjiift, no fuch
Works having been eredled.
Ordered, That the Committee of Claims do enquire into the fame, and report their
Opinion thereon to the Houfe.
A Petition of Barton Lucas, Enfign in the Virginia Regiment, fetting forth that he
hath fuftained divers Loffes in the recruiting Service, by which Means there remains
a confiderable Balance due from the Petition to the Colony ; and as he hath really fuffered ^
through his Attachment to the Service, and confeffes himfelf unable to difcharge the
fame, without the Affiftance of this Honourable Houfe ; and praying the Confideration
of the Houfe therein, was prefented to the Houfe and read ; and the Queftion being put
that the faid Petition be referred to a Committee,
It paffed in the Negative.
Refolved, That the faid Petition be rejedled.
A Bill To explain and amend one Adl of Affembly, made in the 4* Year of the Reign
of Queen Anne, entitled. An Ad' for regulating the Eledions of Burgeffes, for fettling their
Privileges and for afcertaining their Allowances alfo one other Adl, made in the lo*'" Year
of George II entitled. An Ad" to declare who fhall have a Right to vote in the Eledion of Bur-
geffes to ferve in the General Affembly for Counties, and for preventing fraudulent Con-
veyances in Order to multiply Votes at fuch Eledions, was read a fecond Time, and
ordered to be committed to a Committee of the whole Houfe Tomorrow.
A Meffage from the Coimcil was delivered by M"" Walthoe.
That they have agreed to the Bill entitled. An Adl^for dividing the Parifh of Accomack,
in the County of Accomack.
Alfo to the Bill, entitled. An Adl4to empower the Veftry of the Parifh of St. Patrick,
in the County of Prince Edward, to levy for Thomas Wood a reafonable Satiffadlion for
his Expenfes in building a Church there which was burnt down before it was finifhed.
Alfo to the Bill, entitled. An A&? for building a Bridge over Nottoway River from the
Land of Jeffe Brown by Subfcription.
Alfo to the Bill, entitled. An Adl^for adding Part of the Cotmty of King and Queen
to the County of Caroline, and for altering the Court Day of the faid Cotmty of King
and Queen.
Alfo to a Bill, entitled, An A61' for eftablifhing the Town of Mecklenburg, in the Coimty
of Frederick.
Alfo to the Bill, entitled, An K&^ior diffolving the Veftry of the Parifh of Hampfhire,
in the County of Hampfhire, and eledling a new Veftry in the faid Parifh.
Alfo to the Bill, entitled. An Adl'for enlarging the Town of Alexandria, in the County
of Fairfax.
Alfo to the Bill, entitled. An A<51'° to oblige the Juftices of Albemarle to refund to the
Coimties of Amherft and Buckingham their juft Proportion of the Money paid for Weights
and Meafures before the Divifion of the County of Albemarle.
Alfo to the Bill, entitled. An Adl" for dividing the Parifh oiNottoway, in the County
of Southampton. alfo
« Hening, III, p. 236. * Ibid., VII, p. 611. ^ Ibid., VII, p. 600. "o Ibid., VII, p. 625.
• Ibid., lY. p. 475- 5 Ibid., VU, p. 623. » Ibid., Vll, p. 616. " Ibid., Vll, p. 61S.
3 Ibid., VII, p. 614. 6 Ibid., VIL p. 620. 9 Ibid., VII, 604.
[ "I ]
Alfo to the Bill, entitled, An Adt' for fettling the Bounds between the Parifhes of
Martin's Brandon and Briftol, in the Coimty of Prince George.
Alfo to a Refolve, for allowing Colonel William Peachey one Year's Pay, in Confidera-
tion of his paft Services.
And then the Houfe adjourned until Tomorrow Morning ii "'Clock.
We6nes6aY» t^e Ist of T>ecember, 3 <5eo. Ill 1762.
MR Parramore prefented to the Houfe, according to Order, a Bill To empower
George Parker to make one Payment of ;£6oo to the Church Wardens of the
lower Parifh of Nanfemond, in Lieu of a perpetual Annuity of £2)° ^^^ for
other Purpofes therein mentioned ; and the fame was read the firft Time, and
ordered to be read a fecond Time.
^ A Petition of Willam Bronaugh, late a Captain of the Virginia Regiment praying
that he may be allowed the fame Favotors and Indulgencies which have been lately
granted to the Officers of the late Regiment, and that he may be allowed one Year's
Advance Pay, as was allowed them, or to make him fuch other Allowance as this hon-
ourable Houfe fhall think fit, was prefented to the Houfe and read.
Ordered, That the faid Petition be referred to the Confideration of M"" Richard Henry
Lee, Mj George Johnfton and M'' Mercer; that they examine into the Allegations thereof^
and report the fame, with their Opinion thereupon, to the Houfe.
A Petition of James Scott, Clerk, fetting forth that Alexander Scott, late of the Parifh
of Overwharton, in the Cotmty of Stafford, Clerk, deceafed, Brother to the Petitioner, was
in his Lifetime feized of 448 Acres of Land in the faid Coimty of Stafford, and of feven
other Tradts of Land in the County of Fairfax, and that Part of Prince William now
called Fauquier, containing feverally 2823, 2000, 1000, 970, 600, 480, and 400, Acres;
and being at the fame Time poffeffed of between 20 and 30 Slaves, devifed his faid Lands
and Slaves to the Petitioner, in Taille: That the Petitioner being feveral Years ago
appointed Minifter of Dettingen Parifh, in the Cotinty of Prince William, hath purchafed
a Tradl of Land there, containing 2000 Acres, upon which he hath built a very good and
large Brick Houfe two Stories high, with Cellars under the Whole, and completely
finifhed, all Neceffaries and convenient Offices, with a Garden, Orchards, and fine
Meadows, which hath rendered the fame very valuable ; that the faid Tradt of Land
purchafed by him as aforefaid, and upon which he now lives, with all the Improvements
thereon, may (after his Deceafe) be fettled upon his eldeft Son and Heir apparent, James
Scott, Jim. in Taille, in Lieu of the Tradt of 2000 Acres in Fairfax, near the Falls of Potow-
mack, which, with the other fix fmall Tradls before mentioned, may be vefted in the
Petitioner in Fee Simple ; and that there may be annexed unto the faid Tradt of Land
in Prince William the following 16 Slaves, viz. David, Frank, Will, Boh, Great Sawney,
Little Sawney, Sampfon, Peg, Bee Eye, Little Frank, Dick, Mofes, Yellow Jenney, Joan
and Hannah, and their Increafe, to go and continue with the faid Land forever; and
that the following 17 Slaves and their Increafe, viz. Jttdy, Moll, Great Jamie, Little Jamie,
Old Tom, Elgin, Dipple, Roger, Maria, Charlotte, Yellow Betty, Tony, Abraham, Little
Mofes, Black Bett, Little Jenny and Nanny to go and be annexed to the Tradt of Land
upon Carter's Run in Fauquier County, containing 2823 Acres (which is ftill to remain
in Taille as formerly) and praying that an Adl may pafs for that Purpofe, was prefented
to the Houfe and read.
Ordered, That a Bill be brought in purfuant to the Prayer of the faid Petition, and
it is referred to M"' Richard Henry Lee to prepare and bring in the fame.
A Petition of Nathaniel Harrifon, an Infant, under the Age of 21 Years, by Nathaniel
Harrifon, Efq; his Guardian, fetting forth that he is feized in Fee Taille of about 3000
Acres of Land lying and being in the Parifh of in the County of Surry, which
is
> Hening, VII, 613.
[ 122 ]
is of no real Value to him, but rather an Enctimbrance, having no Slaves to cultivate
or improve the fame; that it will be an Advantage to himfelf, and all thofe claiming
vmder the Will of the faid Nathaniel Harrifon, to difpofe of Part of the faid Tradl of
Land, and to lay out the Money arifmg from the Sale thereof in the Purchafe of Slaves, «
to be annexed to the remaining Part thereof; and praying an Adl may pafs for
that Purpofe, was prefented to the Houfe and read.
Ordered, That a Bill be brought in purfuant to the Prayer of the faid Petition, and
it is referred to M' Attorney to prepare and bring in the fame.
A Petition of Larkin Chew, late a Lieutenant in the Virginia Regiment, fetting forth
that after the Deceafe of his Brother Cole f by Chew, who had been for fome Time in the
Service, and who was killed bravely fighting for his King and Country near Fort Du
Quefne, feveral Debts due from him, to the Amotmt oi £22, were proved and demanded
of the Petitioner, who paid the fame, as he could not think of letting the Memory of a
brave Brother be degraded with the Reproach of not paying his Debts, though he had
little Money to fpare himfelf; that in the Month of May, 1759, in an Engagement with
the Enemy, he received a Wound in the Elbow Joint of his right Arm, which fhattered
the Bones thereof in fuch Manner that it was a long Time before the Cure was effedled ;
that he expended for Niu-fes, Attendants, &c. about ;£2o; that at the Time of receiving
the Wound the Enemy took from him two Horfes, his Baggage and Clothes, to the Value
of £50, ;£i5 in Cafh, and all his Papers, among which were Accoimts of Value, and the
Receipts for the Money he had paid for his Brother, no Part of which he could ever
recover, nor hath he received any Satiffadlion for the fame ; and praying the Confidera-
tion of the Houfe therein, was prefented to the Houfe and read.
Ordered, That the faid Petition be referred to the Confideration of M' Bland and
M' Terry; that they examine into the Allegations thereof, and report the fame, with
their Opinion thereupon, to the Houfe.
M'' Bland, from the Committee of Privileges and Eledlions, reported that the faid
Committee had had imder their Confideration the Returns of the Writs for eledling of
Burgeffes to ferve in this prefent General Affembly for the Coimties of New Kent and
Surry, to them referred, and had come to a Refolution thereupon; which he read in his
Place, and then delivered in at the Table, where it was again twice read, and agreed to
by the Houfe, as follows :
Refolved, That the Retiuns of the faid Writs are not made in the Form prefcribed
by Law.
On a Motion made.
Ordered, That the Returns of the faid Writs be amended by the Clerk at the Table.
M' Pendleton prefented to the Houfe, according to Order, a Bill To dock the Entail
of certain Lands whereof Ralph Wormeley, Efq ; is feized, and for fetthng other Lands
of greater Value to the fame Ufes ; and the fame was read the firft Time, and ordered
to be read a fecond Time.
M' Richard Henry Lee prefented to the Houfe, according to Order, a Bill To amend
an A(5l for preventing exceffive and deceitful Gaming ; and the fame was read the firft
Time, and ordered to be read a fecond Time.
M' Bland, from the Committee of Privileges and Eledlions, reported that the faid
Committee had had under their further Confideration the Petition of M'' Henry Peyton
complaining of an undue Eledtion and Return of M' John Baylis and M"' Henry Leigh
to ferve as Burgeffes in this prefent General Affembly for the County of Prince William,
and had partly heard as well the Petitioner as the fitting Members, and had agreed to a
Report, and come to two Refolutions thereon; which he read in his Place, and then
delivered in at the Table, where they were again read, and agreed to by the Houfe, as
follow :
It appears to your Committee that Richard Marlour, who voted for the faid M"" Lee
at the faid Ele(5lion, voted in right of 100 Acres of Land which he held under a Leafe
for three Lives, from Bertrand Ewell, dated the 30**' of September, 1757, and that he hath
been in Poffeffion thereof from the Date of the Leafe, and took the Oath prefcribed by
Law.
The
67
[ 123 ]
The Petitioner then defired the Committee to examine into the Title of the faid
Bertrand Ewell, and offered to prove that he had not the legal Title to the Land he had
fo leafed to the faid Mar lour; and the Queftion being put thereon.
Refolved, That it is the Opinion of this Committee that they have no Right to examine
into the faid Bertrand EweU's Title to the faid Land.
Refolved, That it is the Opinion of this Committee that the faid Richard Marlour
had a good Right to vote for Burgeffes at the faid Eledtion.
The -firft Refolution being read a fecond Time, was difagreed to by the Houfe.
The laft Refolution alfo being twice read, and the Queftion put that the Houfe
agree thereto.
It paffed in the Negative. ■ !
On a Motion made,
Ordered, That the faid Refolution be recommitted to the faid Committee.
The Order of the Day being read for the Houfe to refolve itfelf into a Committee
on the Bill To explain and amend one Adl of Affembly, made in the 4* Year of the Reign
of Queen Anne entitled. An Ad' for regulating theEledions of Burgeffes, for fettling their
Privileges, and for afcertaining their Allowances, aKo one other Adt, made in the lo**"
Year of George II entitled. An Ad' to declare who fhall have a Right to vote in the Eledion
of Burgeffes to ferve in the General Affembly for Counties, and for preventing fraudulent
Conveyances in Order to Multiply Votes at fuch Eledions.
And then the Hovde refolved itfelf into a Committee on the faid Bill; and after
£ome Time fpent therein, M'' Speaker refumed the Chair, and M' Attorney reported that
the Committee had had the faid Bill under their Confideration, but not having Time
to go through the fame they had directed him to move for Leave to fit again.
Refolved, That this Hotife will again refolve itfelf into a Committee on the faid Bill
Tomorrow.
And then the Houfe adjourned until Tomorrow Morning 11 "'Clock.
X5bur56aY, tl)e 2n6 of T>ecember. 3 (Beo. Ill 1762.
AN Account of fundry Perfons in the County of Gloucefter, for conveying feveral
draughted Soldiers to Frederick f bur g,-was prefented to the Houfe and received,
and referred to the Confideration of the Committee of Claims.
A Petition of the Mayor, Recorder, Aldermen and Common Council, and
other Inhabitants of the City of Williamfburg, praying that an Adl may pafs to remove
the Powder, with the Arms and Ammunition, in the Magazine in the faid City, to fome
Place of greater Security, or to fell the fame for the Benefit of the Publick, and to reveft
the Land on which the faid Magazine now ftands in the Truftees and Diredlors of the faid
City, was prefented to the Houfe and received.
Ordered, That a Bill or Bills be brought in purfuant to the Prayer of the faid Petition,
and it is referred to M'' Attorney to prepare and bring in the fame.
« A Petition of Allan Macrae, fetting forth that he was poffeffed in Fee Simple of a
certain Piece of Land, 60 Feet wide, and about 450 Feet long, which Piece of Land was
by an Adt of Affembly, For enlarging the Town of Dumfries, vefted in the Truftees of
the faid Town, and by them laid off into a Street ; that the Petitioner reaps no benefit
from the faid Street, nor has he ever received any Satiffadtion for the faid Land ; and
prayed the Confideration of the Houfe therein, was prefented to the Houfe and read.
Ordered, That the faid Petition be referred to the Confideration of the Committee
of Propofitions and Grievances; that they examine into the Allegations thereof, and
report the fame, with their Opinion thereon, to the Houfe.
M' Benjamin Harrifon, from the Committee of Trade, prefented to the Houfe,
according to Order, a Bill To revive r-^ Adl, entitled, An Adifor infpeding Pork, Beef,
Flower
1 Hening, III, p. 236. ' /fctd., IV, p. 475- * Ibid., VI, -p. 146.
[ 124 ]
Flower, Tar, Pitch and Turpentine, and aKo an Adl, entitled, An Ad' to revive and amend
an Ad, entitled. An Ad for infpeding, Pork, Beef, Flower, Tar, Pitch and Turpentine.
Alfo a Bill For eftablifhing Pilots, and regulating their Fees; and the fame were
feverally read the firft Time, and ordered to be read a fecond Time.
M"" Bland, from the Perfons to whom the Petition of Larkin Chew was committed,
reported that they had had the fame tmder their Confideration, and examined into the
Allegations thereof, and found them to be true, and had come to a Refolution thereon;
which he read in his Place, and then delivered in at the table, where it was again twice
read, and agreed to by the Houfe, and is as follows :
Refolved, That the faid Larkin Chew be allowed the Sum of ;£ioo, as a Satiffadtion
for his Loffes, and the Woimds he received in the Service of the Colony ; and the Sum
of £^o a Year during his Life, for the Lofs of the Ufe of his right Arm.
Refolved, That the faid Refolve be engroffed, and that M"- Bland do carry it up to
the Cotmcil for their Concurrence.
M"" Attorney reported that the Committee appointed had, according to Order,
prepared an Addrefs to the Govemour ; which he read in his Place, and then delivered
in at the table, where the fame was again twice read, and agreed to by the Houfe, and
is as follows :
Sir,
We his Majefty's dutifid Suhjeds, the Biirgeffes of Virginia, having taken your Honour's
Speech, at the Opening of this Seffion, under our mo ft ferious Confideration, humbly beg
Leave to affure you of our inviolable Attachment to his Majefty's Service, and at the fame
Time to exprefs our Concern that the prefent unhappy Circumftances of the Colony will not
permit us to manifeft our Zeal for the Support of the common Caiife by continuing the
Regiment for any longer Time than it ftood provided for: The large Sums that we have been
obliged to iffue in Treafury Notes, to enable us to comply with his Majefty's Reqxiifitions,
have already occafioned great Complaints, particularly from the Merchants of Great Britain
trading to this Colony; and as we have no other Means of defraying the Expenfes of the
Regiment than by a new Emiffion of Treafury Notes, which will not only tncreafe thofe
Complaints, but may depreciate the Value of the Notes already iffued, to the Injury of the
Trade and Credit of the Colony, we flatter ourfelves that our Refufal will not be looked upon
as any Deviation from that Affedion and Loyalty which have hitherto influenced all our
Adions.
Ordered, That the faid Addrefs be fairly tranfcribed, and prefented by the whole
Houfe ; and that the Committee who prepared the fame wait on the Govemour, to know
his Pleafure when this Houfe fhall attend his Honour to prefent it.
A Memorial of the Officers of the Virginia Regiment, fetting forth that as the
Regiment is now reduced, your Memoi4alifts beg Leave to lay their tmhappy and dif-
treffed Situation before the Honourable Hoiife, who have on all Occafions manifefted
their great Intention, and noble Refolution, of rewarding all who have been employed
in their Service, who could have the leaft Pretention to their Favour and Notice.
Your Memorialifts beg they may affure the Houfe that they now efteem themfelves
in a much worfe Situation than they ever have been before, as the many Expenfes attend-
ing the recruiting Service, and the Camp Equipage they were obliged to provide at a
very great Expenfe, to fit themfelves for an Expedition which they were ordered daily
to expert, has not only exhaufted all the Pay the fmall Space they have now been em-
ployed entitled them to, but has adtually taken a great Part of the Recompenfe the
honourable Houfe was fo generoufly pleafed to order them at the former Redudlion of
the Regiment for their paft Services, much of which had been before expended in travelling
Charges, as your Memorialifts were difbanded fo far from their refpedlive Homes, at a
Poft, whofe remote Situation, and inclement Seafon, made it very difficult to proctire the
neceffary Means to convey them home ; and though your Memorialifts were thoroughly
fatiffied
I Hening, VII, p. 40.
69
[ 125 ]
fatiffied thefe Inconveniences must attend them, yet they could not be guilty of £o
much Negledl and Difrefpedt to a grateful and boimtiful Colony, as to delay one Moment
offering their Services when they thought them abfolutely neceffary, and to which both
Honoiu- and Gratitude fo loudly called them.
During the long, tedious, and difagreeable Service, your Memorialifts have been
engaged in for the Defence of this Country, the many Toils and Dangers they have en-
covmtered, in which they have fpent the moft precious Part of their Lives, and have
really fo much impaired that ineftimable Bleffmg, their Health, while they were employed
to procure their Country Safety, Peace, Eafe and Tranqtiility, that many of them are
fo far from a ProbabiUty of acqmring a decent Subliftence that they are threatened with
a near Profpedt of approaching Poverty and Want, which muft fubjedl them to fuch
Contempt as will damp the Growth of publick Spirit and miUtary Virtues.
Thus your Memorialifts, having moft honeftly and impartially reprefented their
unhappy Situation, beg to recommend their Diftreffes at their approaching Poverty to
the Conlideration of the honourable Houfe, to grant them fuch Rehef as they in their
Wifdom fhall judge fit.
M' Attorney, according to Order, prefented to the Houfe a Bill To empower the
Veftry of Bruton Parifh to fell certain Lots in the City of Williamfburg, for the Purpofes
therein mentioned; and the fame was read the firft Time, and ordered to be read a
fecond Time.
The Order of the Day being read for the Hotife to refolve itfelf into a Committee
on the Bill To explain and amend one Adt of Affembly, made in the 4'*' Year of the Reign
of Queen Anne, entitled, An Ad^ for regulating the Eledions of Burgeffes, for fettling their
Privileges, and for afcertaining their Allowances, alfo one other A(5l, made in the 10* Year
of George II. entitled. An Ad' to declare who fhall have a Right to vote in the Eledion of
Burgeffes to ferve in the General Affembly for Counties, and for preventing fraudulent
Conveyances in Order to multiply Votes at fuch Eledions; and after fome Time fpent
70 therein, M'' Speaker refumed the Chair, and M'' Attorney reported that the Committee
had made feveral Amendments to the faid Bill, but not having Time to go through the
fame they had diredted him to move for Leave to fit again.
Refolved, That this Houfe will again refolve itfelf into a Committee on the faid Bill
Tomorrow.
A Claim of William Summers, for taking up a Rtinaway therein mentioned, was
prefented to the Houfe and received, and refeiTcd to the Committee of Claims.
And then the Houfe adjourned until Tomorrow Morning 11 "'Clock.
TPrl6a^. t^e 3r6 of ^(icember, 3 (Beo, III 1762.
A Petition of George Mercer, praying to be allowed for his Attendance on the
Commiffioners appointed by his Excellency Sir Jeffery Amherft in New York
to fettle the Colonies Accounts for the Cherokee Expedition in the Year 1760,
having never received any Satiffadlion for his faid Services, was prefented to
the Hoxife and read.
Ordered, That the faid Petition be referred to the Confideration of the Committee
of Propofitions and Grievances; that they examine into the Allegations thereof, and
report the fame, with their Opinion thereon, to the Houfe.
Ordered, That the Treafurer's Accotints be referred to M'' Edmund Pendleton, M''
Bland, M' John Page, M»" Dudley Digges, M'' Benjamin Harrifon, M' Cary, M' Richard
Henry Lee, W George Johnfton and M'' Lewis Burwell; that they examine the feveral
Articles thereof, and report the Balance, as it fhall appear to them, to the Houfe.
M"" Bland, from the Committee of Privileges and Elections, reported that the Com-
mittee had had tmder their further Confideration the Petition of M'' Henry Peyton, com-
plaining of an tindue Ele(5tion and Return of M»" John Baylis and M'' Henry Leigh to
ferve
> Hening, III, p. 236 » /Wd., IV, p. 475-
[ 126 ]
ferve as Burgeffes in this prefent General Affembly for the County of Prince William
to them referred, and had agreed upon a Report, and come to a Refolution thereon;
which he read in his Place, and then delivered in at the Table, where it was again twice
read, and agreed to by the Houfe, as follows :
It appears to your Committee that Richard Marlour, who voted for M' Lee at the
laid Eledtion, voted in Right of loo Acres of Land which he held imder a Leafe for three
Lives from one Bertrand Ewell, dated the 13*'' of September, 1757, and that he had been
in Poffeffion thereof ever fmce, and had taken the Oath prefcribed by Law; but it
appears to yoiir Committee that the faid Bertrand Ewell had never received any Deed
for the faid Land of the Perfon of whom he purchafed it, of which the above mentioned
1 00 Acres were Part.
Refolved, That it is the Opinion of this Committee that the faid Richard Marlour
had no Right to vote for Burgeffes at the faid Eledtion.
It appears to your Committee that Thomas Davis, Jun. who voted for the fitting
Member M'' Lee at the faid Eledtion, held 185 Acres of Land in the faid Coimty, leafed
to him and one Zachariah Bradfield, by one Benjamin Grayfon, by Indenture of Leafe,
dated the 30* Day of January, 1758, to hold to him the faid Davis for his own Life, and
the Lives of his Wife and eldeft Son Thomas, and to the faid Bradfield and his Wife for
the Life of the longeft Liver of them: That in the Month of Odober, before the faid
Eledtion, he had agreed to give up his faid Leafe to one Nehemiah Dowell, provided he 7i
would pay for the Improvements he had made on the faid Land ; and then alfo he put
the faid Dowell into Poffeffion, but did not furrender the faid Leafe imtil fome Time
after the Eledtion, when the faid Dowell had complied with the Terms of their Agreement.
Refolved, That it is the Opinion of this Committee that the faid Thomas Davis, Jim.
had a good Right to vote for Burgeffes at the faid Eledtion,
It likewife appears to your Cmnmittee that William Spiller, who voted for M' Lee
at the faid Eledtion, held upwards of 100 Acres of Land, under the Will of his Father
Waddington Spiller, dated the 30**' of April, 1755, and had been in Pofeflion thereof
above twelve Months before the faid Eledtion.
Refolved, That it is the Opinion of this Committee that the faid William Spiller
had a good Right to vote for Burgeffes at the faid Eledtion.
It further appeared to your Committee that William Rookard and Francis Kenner,
who voted for M'' Lee at the faid Eledtion, had feverally, for fome Years before the faid
Eledtion, been in Poffeffion of 100 Acres of Land each in the faid County, belonging to
George Mafon, Gent, who had, upon their feating and building thereon, agreed to give
them Leafes for three Lives for the fame, and given each of them refpedtively his Bonds
for that Purpofe, but never executed any fuch Leafe.
Refolved, That it is the Opinion of this Committee that the faid William Rookard
and Francis Kenner had no Right to vote for Burgeffes at the faid Eledtion.
It alfo appeared to your Committee that George Thayer, who voted for M' Lee at
the faid Eledtion, had been, for about three Years before, in Poffeffion of the Lands in
Right of which he voted, under a Leafe for three Lives from the above named Bertrand
Ewell, being Part of a larger Tradt, which the faid Ewell had purchafed of one Thomas
Young; but had never received any Deeds for the fame.
Refolved, That it is the Opinion of this Committee that the faid George Thayer had
no Right to vote for Burgeffes at the faid Eledtion.
It likewife appeared to the Committee that Robert For gey, who alfo voted for M' Lee
at the faid Eledtion, held 100 Acres of Land, imder a Leafe for two Lives, from the faid
Bertrand Ewell, dated the 1" Day of January, 1760, being Part of a larger Tradt, which
the faid Ewell had purchafed of one Ifaac Davis; but that the faid Davis had never
executed any Deed for the fame.
Refolved, That it is the Opinion of this Committee that the faid Robert Forgey had
no Right to vote for Burgeffes at the faid Eledtion.
It alfo appeared to your Committee that William Tompkins, who voted for M'' Lee
at the faid Eledtion, had been in Poffeffion of a Lot in the Town of Dumfries, in the faid
County
[ 127 ]
County, with a Dwellinghoufe thereon, above twelve Months before the faid Eledlion ;
which Lot was conveyed to him by the Tniftees of the faid Town, by their Deed, duly
executed and recorded, bearing date the 3''^ Day of June, 1760, and that he took the
Oath prefcribed by Law.
" Refolved, That it is the Opinion of this Committee that the faid William Tomkins
had a good Right to vote at the faid Ele<flion.
It alfo appeared to your Committee that George Brent, Gent, voted at the faid
Ele(5lion for M'' Lee, whofe Vote the Petitioner objedted to, as being a Roman Catholick;
but it not appearing to your Committee that the faid George Brent is a Recufant convict.
Refolved, That it is the Opinion of this Committee that the faid George Brent had
a good Right to vote for Burgeffes at the faid Eledlion.
It alfo appeared to yovir Committee that Andrew Martin, who voted at the faid
Eledlion for M'' Lee, had been, for feveral Years before, in Poffeffion of the Lands in
Right of which he voted, which he declared he held vmder a Leafe for four Lives from
one John Tarpley; and it was likewife proved, by the Teftimony of M'' Thomas Harrifon,
that the faid Tarpley had acknowledged he had made a Leafe to the faid Martin, and
that the faid Andrew Martin aKo took the Oath prefcribed by Law; but no fuch Leafe
appearing before the Committee.
Refolved, That it is the Opinion of this Committee that the faid Andrew Martin
had no Right to vote at the faid Eledlion.
It further appeared to your Committee that Thomas Chapman, who voted for
M'' Lee at the faid Eledlion, had lived with his Uncle M"" William Carr, in the faid Town
of Dumfries, for about three Years before, and was in Poffeffion of four Lots, with feveral
Houfes thereon, which had been purchafed for him by the faid M"" Carr, and were con-
veyed to the faid Chapman by the Truftees of the faid Town, by this Deed, duly executed
and recorded, bearing Date the 3"* Day of January, 1760, and that the faid Chapman
took the Oath prefcribed by Law at the laid Eledlion.
Refolved, That it is the Opinion of this Committee that the faid Thomas Chapman
was duly qualified to vote for Burgeffes at the faid Eledlion.
It further appears to your Committee that Leonard Helm voted for M' Lee at the
faid Eledlion, who M' Lee acknowledges had no Right to vote ; and therefore
Refolved, That it is the Opinion of this Committee that the Name and Vote of the
faid Leonard Helm ought to be ftruck out of the Poll taken for M"" Lee at the faid Eledlion.
Yoiu- Committee then proceeded to the Confideration of fuch Votes on the Petitioner's
Poll as were objedled to by the fitting Member M'' Lee, and thereupon they beg
Leave to inform the Houfe that it appears to them that Richard Triftoe, who voted for
the Petitioner, held 175 Acres of Land in the faid County, in Right of which he voted
at the faid Eledlion, which were conveyed to him by Richard Triftoe the elder, by Deeds
of Leafe and Releafe, duly executed and recorded, bearing Dates refpedlively the 16*''
and 17* Days of November, 1756, and that he had been in Poffeffion of the faid Land
ever fmce the Dates of the faid Deeds.
Refolved, That it is the Opinion of this Committee that the faid Richard Triftoe had
a good Right to vote for Burgeffes at the faid Eledlion.
It alfo appears to your Committee that John Simmons, who voted for the Petitioner
at the faid Eledlion, voted in Right of 100 Acres of Land which had been leafed to one
William Mufe by one Thomas Arrington, for three Lives, by Leafe, bearing Date the
27»^ Day of May, 1754, which, after divers mefne Affignments, was affigned to one
Robert Hoyftead, with whofe Widow the faid John Simmons intermarried the 26*'' of
Odober, 1760: It alfo appeared that the Petitioner, into whofe Hands the faid Leafe
had fallen, by Affignment from one John Tyler, did affign the fame over to the faid
John Simmons on the 27^ Day of April, 1761 ; and that the Widow of the faid Hoyftead
lived on the faid Land, from the Death of her faid former Hufband, imtil her Inter-
marriage with the faid Simmons.
Refolved, That it is the Opinion of this Committee that the faid John Simmons had
no Right to vote for Burgeffes at the faid Eledlion.
It
[ 128 ]
It likewife appeared to your Committee that Cornelius Kincheloe, who voted for the r.
Petitioner at the faid Eleaion, held 341 Acres of Land, which was devifed to him by
the Will of his Father John Kincheloe, dated the 16^ of March, 1746, on Condition that
he fhotdd fucceed in his Suit in the General Court with Colonel William Fitzhugh; and
if not, that he fhovdd then have one Half of the Land he lived on : That the faid Suit
in the' General Court was determined in the faid Kincheloe' s Favour. It further appears
that the faid Kincheloe had, before the Eledion, agreed to fell the faid Land to one Davis,
and had put him into Poffeffion thereof, but had not executed any Conveyance for the
fame.
Refolved, That it is the Opinion of this Committee that the faid Cornelius Kinchbloe
had a good Right to vote for Burgeffes at the faid Eleftion.
"it further appeared to your Committee that Johyi Metcalfe, who voted for the Peti-
tioner, held 150 Acres of Land, which had been leafed by William Spiller to his Father
John Metcalfe, his Heirs, Executors Adminiftrators and Affigns, by Leafe, bearing Date
the 27*^ Day of November, 1738, to hold to him, his Heirs, &c. for the natural Lives of the
faid John the Father, his Wife Diana, and the faid John the Son: That the faid John
Metcalfe the elder died fome Time in the Year 1751 inteftate, and that the faid John
Metcalfe the Son hath ever fmce refided on the faid Land, together with his Mother, who
always paid Quitrents for the fame.
Refolved, That it is the Opinion of this Committee that the faid John Metcalfe had
a good Right to vote for Burgeffes at the faid Eledion.
It likewife appeared to the Committee that Bridgar Haynie, who alfo voted for the
Petitioner, was in poffeffion of upwards of 100 Acres of Land, with two Plantations
thereon which he claims tmder a fuppofed Will of his Father, which it appears was never
finifhed, nor legally executed, ehough admitted to Record in the County Covtrt of Culpeper
It alfo appears that one Jofeph Fergufon, and Elizabeth his Wife, by Deeds of Leafe
and Releafe, dated refpedively the 24*^ and 25* Days of March, 1744, conveyed to
Spencer Haynie, eldeft Son of Anthony Haynie the Father, and the faid Bridgar Haynie,
129 Acres of Land, which they have ever fmce held as joint Tenants, no Divifion having
been made between them, and that there are no Houfes on the faid laft mentioned
Lands: It doth aKo appear that both the faid Spencer and Bridgar Haynie voted at the
faid Election.
Refolved, That it is the Opinion of this Committee that the faid Bridgar Haynie
had a good Right to vote at the faid Eledtion.
It appears to yovir Committee that William Watkins, who alfo voted for the Peti-
tioner at the faid Eledlion, had been in Poffeffion of 75 Acres of Land in the faid Ccimty
from the Year 1754, which was one Moiety of 150 Acres that had been leafed by Charles
Carter, Efq; in the Year 1743, for three Lives, to one Henry Watkins, who devifed the
faid Moiety to his Son in Law Fortunatus Legg, who fold the fame to the faid William
Watktns, but did not execute any Deed for the fame after the faid Eledlion.
Refolved, That it is the Opinion of this Committee that the faid William Watkins
had no Right to vote at the faid Elecflion.
It further appears to your Committee that James Leach, William Suitor, Rawleigh
Dodfon and Edward Hughes, who allvoted for the Petitioner at the faid Eledlion, voted
in Right of Lands which they feverally held in the faid County belonging to Charles
Carter, Efq ; under Leaf es for Lives, made and executed to each of them refpedlively by
and in the Name of M"" Charles Carter, Jun. Son and Heir apparent of the faid Charles
Carter the elder, by his DiredHon.
Refolved, That it is the Opinion of this Committee thattheiaid James Leach, William
Suitor, Rawleigh Dodfon and Edward Hughes, had no Right to vote for Burgeffes at the
faid Eledlion.
It likewife appeared to your Committee that George Harper, who voted for the
Petitioner at the faid Eledlion, was in Poffeffion of 660 Acres of Land in the faid County ;
but that he held the fame only as Tenant, at Will of William Fitzhugh, Efq ; to whom
he paid Rent for the fame.
Refolved
[ 129 ]
Refolved, That it is the Opinion of this Committee that the faid George Harper had
no Right to vote at the faid Eledlion.
It further appeared to your Committee that Nathaniel Overall, who A'oted for the
Petitioner at the faid Eledtion, was then, and from the Year 1749 had been, in Poffeffion
of 100 Acres of Land in the faid County, which he had purchafed of one William Overall,
by Deeds of Leafe and Releafe, dated refpe($tively the 7'^*' and 8* of July, 1749, to whom
the fame was devifed by the Will of his Father /o/jh Overall, dated the id^^ of September,
1742, in thefe Words, to wit: "Item, I give and bequeath unto my Son William Overall
all that Part of Land in both Tradls that is on the weft Side of Lucky Rim, except one
Acre of Land that is convenient for building a Mill any Where on the Side of the Run ;
I give this Land only for his Life, not to leafe nor fell it, but to work on it as he pleafes
himfelf, or any belonging to him, not wafting the Timber, and after his Death to return
to my vSon John Overall as aforefaid."
Refolved, That it is the Opinion of this Committee that the faid Nathaniel Overall
had a good Right to vote for Burgeffes at the faid Elecftion.
It alfo appeared to your Committee that Burr Calvert, who voted for the Petitioner,
held only 93 Acres of Land in the faid County, without any Houfe, or other Improve-
ment, thereon.
Refolved, That it is the Opinion of this Committee that the faid Burr Calvert had no
Right to vote for Burgeffes at the faid Eledtion.
It likewife a^-pea.VQd toy onr Committee that Charles Harding and Barnahy Cannon
alfo voted for the Petitioner at the faid Eledtion, who he acknowledged had no Right
to vote, and therefore
Refolved, That it is the Opinion of this Committee that the Names and Votes of the
faid Charles Harding and Barnaby Cannon ought to be erafed out of the Poll taken for
the Petitioner at the faid Eledtion.
Your Committee then proceeded to the Confideration of that Part of the Petition of
the faid Henry Peyton, complaining of Malepradtices and Miicondu^t oi How f on Hooe,
then Sheriff of the faid County of Prince William, on the Day of the faid Eledtion, and
particularly of his clofmg the Poll on the firft Day of the Eledtion, contrary to his Agree-
ment with the Petitioner and M"" Baylis; and having heard the Evidence on both Sides
your Committee beg Leave to inform the Houfe that it appears to them that on the Day
before the Eledtion M"" Baylis went with the Petitioner to the Houfe of the faid Sheriff,
when the Petitioner propofed that the Poll fhould be kept open until the Day after that
appointed for the Eledtion, in Order to give the Freeholders who lived above a large Run
that was then confiderably fwelled by heavy Rains an Opportunity of attending the
faid Eledtion, which the faid Sheriff faid he would willingly agree to, if he lawfully might ;
but M'' Baylis anfwered, that although he fliould have no Objedtions to it, yet as M''
Lee, the other Candidate, was not prefent, he could not agree to it ; and that the Petitioner
thereupon, without any further Agreement, fent Meffengers to thofe Freeholders to
inform them that the Poll was to be kept open two Days ; That on the Morning of the
faid Eledtion, the Petition liaving brought many of his Friends over the faid Run in a
Veffel he had provided for that Purpofe, offered to buy the fame of the Owner; and
being afked for what Ufe he wanted it, he anfwered that if he could get it he would fplit
it to Pieces, to prevent the other Freeholders getting over.
It further appears to your Committee that on the Day of the faid Eledtion, moft of
the Freeholders prefent having given their Votes, the firft Proclamation was made about
Five o'clock in the Afternoon, and fome Time after, as no Voters appeared, a fecond;
from which Time until Sunfet, which was about two Hours, not more than two Free-
holders appeared and voted, when, at the repeated Importimities of the fitting Members,
the faid Sheriff ordered a third Proclamation to be made ; and no Freeholders appearing
to vote, the fitting Members then defired the Sheriff to clofe the Poll, which he refufed
to do, but about Nine o'Clock declared his Intention of keeping the Poll open until
Twelve, when Thomas Machin, one of the Poll Takers told the Sheriff he would not ftay
until that Time: but the Sheriff inclining towards him defired him, in a low Voice, not
to
[ 13° ]
to be uneafy, for he would clofe the Poll as foon as the Petitioner's Expreffes that he had
£ent into the Country from the Courthoufe in Dumfries for Voters returned ; which M'
Lee overhearing, complained to the Sheriff that he had not behaved impartially towards
him, for that if he had known Expreffes had been fent for Voters, he had fome Friends
near the Town who would have ventured out to ferve him, and that at the Time M' Lee
had eleven Votes on the Poll more than the Petitioner : That the faid Sheriff kept the Poll
open until Midnight, though he had frequently fent out his Under Sheriff during that
Time to inquire for Voters, and but one Perfon appeared for feveral Hours, who was
brought in by one of the Petitioner's Expreffes, and voted for him, notwithftanding
both the fitting Members frequently expoftulated with him on the Injuftice and PartiaUty
of his Proceedings, when the Petitioner anfwered he would indemnify him for his
Condudl: It hkewife appears that the faid Sheriff declared his Reafon for keeping the
Poll open fo late was in Expedlation that the Freeholders would get over the faid Run,
and attend the Eledion ; and that the People at the Door frequently gave out (though
without any Truth) that they were coming, and that he did not ufe any indiredt Means
to influence the Voters at the faid Eledion.
It further appears that on the Morning after the faid Eledlion there were about 15
Freeholders, Friends to M-- Lee, waiting to get over the faid Rim, in Confequence of the
Intimation they had received from the Petitioner's Meffenger that the Poll was to be
kept open two Days.
Refolved, That it is the Opinion of this Committee that the faid Petitioner hath not
made good the Allegations of his Petition againft the faid Sheriff.
Upon an Examination of a Copy of the Poll taken at the faid Eledtion, it appeared
to your Committee that the fitting member M' Lee had three Votes more than the
Petitioner, feven of which, to wit, Richard Marlaur, William Rookard, Francis Kenner,
George Thayer, Andrew Martin, Leonard Helm and Robert For gey, it is the Opinion of your
Committee, had no Right to vote at the faid Eledtion ; and your Committee are alfo of
Opinion that ten of the Perfons who voted for the Petitioner at the faid Eledlion, to wit,
John Seymons, diaries Harding, Barnaby Cannon, William Watkins, James Leach, Wil-
liam Suitor, Rawleigh Dodfon , Edward Hughes, George Harper and Burr Calvert, had no
Right fo to do ; and that the fitting Member M-- Lee had a Majority of fix legal Votes on
the faid Poll, and therefore
Refolved, That the faid M' John Baylis and M' Henry Lee are duly eledted to fer\'e
as Burgeffes in this prefent General Affembly for the County of Prince William.
On a Motion made.
Ordered, That M'' Lee have Leave to withdraw his Complaint exhibited againft the
Sheriff and Under Sheriff of the County of Prince William, for feveral Malepradtices
committed at the Eledtion of Burgeffes for the faid Covmty.
Ordered, That the faid Henry Peyton do pay xmto the fitting Membeis their Cofts
occafioned by the faid Petition.
A Memorial of William Byrd, Efq ; fetting forth that in the Year 1760 a Plan was
formed for attacking the Cherokee Indians by the Governments of South Carolina and
this Colony, and your Memorialift was called dovm to command it, after having pro-
ceeded to Juniata, vmder the Command of General Monckton; that he travelled 400 Miles
to the Place of Rendezvous, with his Servants only, to take the Command of the Regiment
appointed to that Service ; on his Return to New York he confulted General Monckton
whether he thought it reafonable to apply to General Amlterft for an Allowance to
Virginia for the Expenfe of that Campaign, and obtained a Promife from him to do
every Thing in his Power to oblige him : That in the Spring following he came to
Virginia, by Order of General Amherft, to command the fecond Expedition againft the
Cherokees; and he mentioned what paffed between General Monckton and himfelf to
the Governour, Council, the Speaker, and many Gentlemen of the Affembly : After the
Campaign was over, he found Nothing had been done in the Affair, and then he waited
on General Amherft at New York, and fpoke to him about the Expenfe of the Year 1760 ;
who, with fome Hefitation, gave him Leave to lay the Accounts before him : That he
immediately
[ 131 ]
immediately applied to his Honour the Govemour for the Vouchers and Certificates,
which Doctor Walker could not prepare until the Middle of April: That as foon as the
Papers came he went with Dodlor Walker to New York, and obtained the General's
Orders to the Commiffioners to examine them ; thofe Gentlemen, finding feveral of the
Papers deficient, told him they could not recommend them for Payment to the
General : That he took fome Pains to explain the Matter to the Commiffioners, and they
being convinced that the greateft Part of them were juft, they certified to the General
that he would be fafe in paying ;£io,ooo Sterling, referving the Balance vmtil he could
produce all the Papers requifite ; which he engaged his Honour to do, or retvim him the
Money : That Dodlor Walker was afterwards fent with the proper Vouchers, which gave
Satiffadlion ; and the Balance was thereupon received: That your Memorialift ftaid a
confiderable Time in Philadelphia, was twice at New York, and was at a confiderable
Expenfe and Trouble in ad j lifting this Affair; wherefore he hopes this Houfe will
take his Service into Confideration, and make him fuch Allowance as they think it
deferves.
Ordered, That the faid Memorial be referred to the Confideration of the Committee
of Propofitions and Grievances.
M"" Bland reported that he had, according to Order, waited on the Govemour with
the Addrefs of this Houfe, for difcontinuing the Guard over the Magazine in this City :
To which his Honour was pleafed to Anfwer, that he would immediately comply with
the Defire of the Houfe ; but as there is a large Quantity of Powder in the Magazine,
he thinks it prudent to continue the Guard until the Sentiments of the Houfe are known
how the Powder fhall be difpofed of.
M' Richard Henry Lee, from the Perfons to whom the Petition of M' William
Bronaugh was referred, reported that they had examined into the Allegations thereof,
and found them to be true, and had come to a Refolution thereupon ; which he read in
his Place, and then delivered in at the Table, where it was again twice read, and agreed
to by the Houfe, and is as follows:
Refolved, That the faid William Bronaugh be allowed one full Year's pay, as
Captain of the Virginia Regiment in the Year 1757, as a Recompenfe for his Services,
the Loffes he fuftained, and Hardfhips he fuffered, the Campaign at the Redudlion of
Fort DuQuefne, when he ferved as a Volunteer, at his own Expenfe.
Ordered, That the faid Refolve be fairly tranfcribed, and that M' Richard Henry
Lee do carry it to the Council for their Concurrence.
The Order of the Day being read for the Houfe to refolve itfelf into a Committee
on the Bill For further continuing and amending the Adt, entitled An Ad' for the better
regulating and colleding certain Officers Fees, and for other Purpofes therein mentioned.
Refolved, That the Houfe will refolve itfelf into a Committee on the faid Bill on
Tuefday next.
M' Gary, from the Committee of Claims, reported that the faid Committee had had
under their Confideration an Information againft Bertrand Ewell to them referred, and
had agreed upon a Report, and come to a Refolution thereupon; which he read in his
Place, and then delivered in at the Table, where it was again twice read, and agreed to
by the Houfe, as follows:
It appeared to your Committee that the faid Bertrand Ewell put in a Claim, on Oath,
to the Affembly, at laying the laft publick Levy, for 2008 Weight of Tobacco for his
Tithables employed in the Quantico Iron Works, agreeable to Lifts by him given in to
the Magiftrates who took the Lift of Tithables for the Coimty of Prince William for the
Years 1759 and 1760, which Tobacco was levied for him in the laft Book of Claims; it
alfo appears to your Committee that the faid Bertrand Ewell never has eredled, or begun
to eredl, any Iron Works at the place aforefaid.
Refolved, That the faid 2008 Weight of Tobacco be levied on the faid Bertrand
Ewell, to repay the Publick.
Refolved, That the faid Bertrand Ewell hath been guilty of a high Crime and
Mif demeanor.
Ordered
' Hening, V, p. 326.
[ 132 ]
Ordered, That the faid Bertrand Ewell be taken into Cidltody of the Sergeant at
Arms.
A Petition of Richard Sand ford and Robert Sandjord, Infpedors at Hunting Creek
Warehoiife, in the County of Fairfax, fetting forth that they have for many years
executed that Office for a Salary very inadequate to their Trouble and Expenfe, being
allowed only £^^0 for receiving and infpeding 1000 Hogflieads of Tobacco per Annum;
and praying that fome Allowance may be made them for their paft Ser\-ices, and a Salary
proportioned to their Trouble for the Future, was prefented to the Houfe and read.
Ordered, That the faid Petition do lie on the Table.
A Petition of James Cocke, fetting forth that fmce his Appointment to the Clerk-
fliip of the publick Treafury the Bufmefs of that Office is fo greatly increafed as to
require his conftant Attendance, and praying his Salary may be augmented, was pre-
fented to the Houfe and read.
Ordered, That the faid Petition be refeired to the Committee appointed to fettle
the Treafurer's Accounts : that they examine into the Allegations of the faid Petition,
and report the fame, with their Opinion thereon, to the Hoid^e.
s\ Bill For dividing the County of Lunenburg in three diftindt Counties was read the
fecond Time.
Ordered, That the faid Bill be engroffed, and read a third Time. 78
The Order of the Day being read for the Houfe to refolve itfelf into a Committee
on the Bill To explain and amend one Ad of Affembly, made in the 4'^ Year of the Reign
of Queen Anne, entitled, An Ad' for regulating the Eledions of Burgeffes, for fettling their
Privileges, and for afcertaining their Allowances, alfo one other Adl, made in the 10**'
Year of George II. entitled. An Ad' to declare who fhall have a Right to vote in the Eledion
of Burgeffes to ferve in the General Affembly for Counties, and for preventing fraudulent
Conveyances in Order to multiply Votes at fuch Eledions.
Refolved, That the Houfe will again refolve itfelf into the faid Committee Tomorrow.
A Petition of Richard Pearis, praying he may be allowed his Account due from the
Colony ever fmce the Year when he was ordered out with Major Andreiv Lewis
to the Cherokee Nation, he having never received any Satiffadlion for the fame, was pre-
fented to the Houfe and read.
Ordered, That the faid Petition be referred to the Confideration of the Committee
of Propofitions and Grievances; that they examine into the Allegations thereof, and
report the fame, with their Opinion thereon, to the Houfe.
And then the Houfe adjourned until Tomorrow Morning 11 "'Clock.
Saturday. tl)e 4tl) of T)ecember, 3 (5eo. III. 1762.
MR Attorney reported that the Committee appointed had, according to Order,
waited on the Governour to kno whis Pleafure when the Houfe fhould attend
him with their Addrefs; and that he was pleafed to appoint this Day, and
to fay he would fend a Meffage to the Houfe when he was ready to receive it.
A Petition of James Thurfton, praying to be allowed the Difference between the
Money of this Colony and that of Pennfylvania for fo much fhort paid him by Colonel
Byrd, for his Ser\'ices as Armorer in the Campaign of 1761 ; and praying the Confidera-
tion of this Houfe, was prefented to the Houfe and read ; and the Queftion being put
that the faid Petition be referred to a Committee.
It paffed in the Negative.
Refolved, That the faid Petition be rejedled.
A Petition of the Juftices of the County of Gloucefter, praying to be allowed by the
Publick 2500 lbs. of Tobacco, by them expended in repairing the publick Wharf at the
Infpedlion at Gloucefter Town, the Rents of the faid Warehoufe being infvifficient to
reimburfe them, was prefented to the Houfe and read.
Ordered
< Hening, III, p. 236. ' /fetrf., IV, p. 47 5
[ ^33 ]
Ordered, That the faid Petition be referred to the Confideration of the Committee
of Claims; that they examine into the Allegations thereof, and report the fame, with
their Opinion thereon, to the Hoiife.
A Petition of the Infpedlors at Wicomico Warehoufe, fetting forth that their Salary
was fettled at £3$, fmce which there has been another Infpedlion eftablifhed on the
oppofite Side of the River, which the Petitioners likewife attend; that the Tobacco
received at the faid Infpedlions is increafed one third, fmce their Salary was firft fettled ;
and praying the Confideration of the Houfe therein, was prefented to the Houfe and
read.
Ordered, That the faid Petition do lie on the Table.
A Petition of James Gait, Keeper of the publick Gaol, praying a Continuance of his
former Salary.
Refolved, That the additional Sum of £ic^ be paid to the faid James Gait, over and
above his vifual Salary of ;^2 5 a Year.
Refolved, That 10 lbs. of Tobacco a Day be allowed to the faid James Gait, for every
Criminal committed to the faid Gaol, during fuch Criminal's Imprifonment, from this
Time to the End of the next Seffion of Affembly.
A Petition of Thomas Drake, praying to be allowed for his three Servants who
enlifted in the late Virginia Regiment, having never received any further Satiffadlion for
them than £$, was prefented to the Houfe and read; and the Queftion being put that
the faid Petition be referred to a Committee,
It paffed in the Negative.
Refolved, That the faid Petition be rejedled.
A Meffage from the Govemour was delivered by M'' Walthoe.
M' Speaker,
I am commanded by the Govemour to acquaint this Houfe that his Honour is now ready
to receive their Addrefs in the Council Chamber.
W Speaker, with the Houfe, went up; and being returned, reported that he had,
with the Houfe, attended the Govemour in the Council Chamber, and prefented the
Addrefs of this Houfe to him, to which he was pleafed to anfwer.
M' Speaker, and Gentlemen of the Houfe of Burgeffes,
It would have given me the greateft Pleafure if the Situation of the Affairs of this Colmiy
would have encouraged you to have kept the Regiment on Foot until we had a Certainty
of a firm Peace being concluded between his Majefty and his Enemies. I hope the Reafons
you have affigned for difcontinuing it, will take away any Imputation of an Abatement of
your Zeal in his Service; and that they may anfwer this End as much as poffible, I will
tranfmit them to the Right Honourable the Board of Trade by the firft Conveyance, that they
may be laid before his Majefty.
The Order of the Day being read, the Houfe again refolved itfelf into a Committee
on the faid Bill To explain and amend one Adl of Affembly, made in the 4"^ Year of the
Reign of Queen Anne, entitled. An Ad^ for regulating the Eledion of Burgeffes, for
fettling their Privileges, and for afcertaining their Allowances, alfo one other Adl, made in
the 10* Year of George II. entitled. An Ad" to declare who fhall have a Right to vote in the
Eledion of Burgeffes to ferve in the General Affembly for Counties, and for preventing
fraudulent Conveyances in Order to multiply Votes at fuch Eledion; and after fome Time
fpent therein, M'' Speaker refvmied the Chair, and M"" Attorney reported that the Com-
mittee had had the faid Bill imder their further Confideration, and gone through the
fame, and had made feveral Amendments thereto.
Ordered, That the faid Report be confidered on Mcmday next.
A Petition of Bertrand Ewell, fetting forth that he is attending in the Cuftody of the
Sergeant at Arms, in Obedience to the Order of this Houfe, for having been guilty of a
high
' Hening, III, p. 236. 3 Ihid., IV, p. 475
[ 134]
high Crime and Mifdemeanor, in prefenting an unjuft Demand to this honourable Houfe,
claiming an Allowance to be made him for fome Slaves employed by him in Iron Works,
the Owners of which are by Law exempt from paying Taxes for them, and begs Leave
to reprefent that the faid Charge is entirely groimdlefs, he having made a confiderable
Progref s towards ereding a Furnace for carrying on an Iron Work on fome of his Lands
in the Coimty of Prince William, having raifed a Dam, and cut Races for that Pur-
pofe, in which Work every Slave mentioned in his Claim had been employed, the Truth
of which he is ready to verify ; and praying he may be difcharged out of Cuftody, and
that proper Time may be allowed him to prove his Affertions, was prefented to the Houfe
and read.
Ordered, That the faid Petition be referred to the Committee of Privileges and
Eledtions; that they examine into the Allegations thereof, and report the fame, with
their Opinion thereon, to the Houfe.
A Claim of Peter Warre^i, for taking up a Runaway therein mentioned, was prefented
to the Houfe, and referred to the Confideration of the Committee of Claims.
And then the Houfe adjourned until Monday Morning ii "'Clock.
yXoxiha^. t^e 6tl) of T>ecembcr, 3 (5eo. III. 1762.
SUNDRY Claims of jofeph Dupree, John Towns, Robert Eftes, and Thomas Moore,
and fimdry Militia Accounts from the County of Lunenburg, for taking up
Runaways therein mentioned, were feverally prefented to the Houfe and received,
and referred to the Confideration of the Committee of Claims.
A Claim of William M'Mahon, for taking up a Deferter therein mentioned, was
prefented to the Hotife and received.
Ordered, That the faid Claim be referred to the Confideration of the Committee
of Claims ; that they examine into the Allegations thereof, and report the fame, with
their Opinion thereon, to the Houfe.
A Petition of William Banks, fetting forth that in the Year 1760 he had a Com-
miffion from his Honour the Govemour to enlift Soldiers for the Virginia Regiment,
and did enlift feveral, which he marched to the Place appointed for their Rendezvous
among whom was one, William Edlington, an able bodied Man, who was refufed on
Accotmt of his Size; that he paid him £10, the Bounty Money, and fuftained the
Expenfe of marching him to the Place of Rendezvous, for which he has received no
Satif fadlion ; and praying the Confideration of the Houfe therein, was prefented to the
Houfe and read.
Ordered, That the faid Petition be referred to the Confideration of the Committee
of Claims; that they examine into the Allegations thereof, and report the fame, with
their Opinion thereon, to the Houfe,
A Petition of fundry Perfons in the Cotmties of Frederick, Augufta and Hampfhire,
fetting forth that their Waggons and Teams were impreffed into his Majefty's Service
the Campaign under General Stanwix; that through the Length of their Journey, and
Difficulties attending the March in bad Roads, but more particularly their Want of
Forage, their Teams fufifered greatly, feveral of their Horfes dying, and others fo much
worn out that they could not travel, and were obliged to be left on the Road, together
with the Waggons, Gear, &c. that they have only been paid for Waggonage; and praying
they may be fatiffied for their Loffes by the Publick, was prefented to the Houfe and
read ■ and the Oueftion being put that the faid Petition be referred to a Committee,
It paffed in the Negative.
Refolved, That the faid Petition be rejedted.
A Petition of John Field and John Pofey, formerly Captains in the 2^ Virginia Regi-
ment in Behalf of the non-commiffioned Officers and private Men of their Companies,
praying to be allowed their extra Pay as Artificers in clearing the Roads to Fort
Du Quefne, &c. was prefented to the Houfe and read.
Ordered
[ 135 ]
»i Ordered, That the faid Petition be referred to the Confideration of the Committee
of Claims; that they examine into the Allegations thereof, and report the fame, with
their Opinion thereon, to the Houfe.
M"" Attorney reported, according to Order, the Amendments to the Bill To explain
and amend one A(5t of Affembly made in the 4"' Year of the Reign of Queen Anne,
entitled. An Ad ■ for regulating the Eledion of Burgeffes, for fettlingtheir Privileges, and for
afcertaining their Allowances, alfo one other A6t, made in the 10* Year of George II.
entitled. An Ad' to declare who fhall have a Right to vote in the Eledion of Burgeffes to ferve
in the General Affembly for Counties, and for preventing fraudulent Conveyances in Order
to multiply Votes at fuch Eledions; which he read in his Place, and then delivered in at
the Table, where they were again twice read, and agreed to by the Hovtfe, with fome
Amendments.
Ordered, That the Bill, with the Amendments, as amended, be engroffed, and read
a third time.
A Petition of the Infpedtors at Quantico Warehoufe, praying their Salaries may be
augmented, was prefented to the Houfe and read.
Ordered, That the faid Petition do lie on the Table.
A Petition of fimdry Inhabitants of the Covmty of Amelia, praying that the Time
for beginning to infpedt Tobacco may be fixed to the firft of Odober in every Year, and
that an Adl may pafs for that Purpofe.
Alfo a Petition of fundry Inhabitants of the County of Goochland, to the fame Effe(5l,
were feverally prefented to the Houfe and read.
Ordered, That the faid Petition be referred to the Confideration of the Committee
ot Propofitions and Grievances; that they examine into the Allegations thereof, and
report the fame, with their Opinion thereon, to the Houfe.
A Petition of the Infpedtors at Roy's Warehoufe, in the County of Caroline, praying
to be allowed the Sum oi £18. 185. for Tobacco ftolen out of the faid Warehoufe, the
Property of John Baylor, Efq; Richard Buckner and Lunfford Lomax, GentleTnen, and
which they have been obliged to pay the faid Proprietors, was prefented to the Houfe
and read.
Ordered, That the faid Petition do he on the Table.
A Claim of William Marfton, Sheriff of James City County, for 270 lbs. of Tobacco,
was prefented to the Houfe and received, and referred to the Confideration of the
Committee of Claims.
Several Claims of Edmund Allen, Thomas Parker and James Howell, for taking
up Rimaways therein mentioned, were feverally prefented to the Houfe and received,
and referred to the Confideration of the Committee of Claims.
M' Gary, from the Committee of Claims, reported that the faid Committee had had
under their Confideration feveral Matters to them referred, and had come to feveral
Refolutions thereon ; which he read in his Place, and then delivered in at the Table,
where they were again read, and are as follow:
Refolved, That the Petition of William Sweene, a wounded Soldier, is reafonable;
and that he ought to be allowed the Sum of ^^5 a Year, as a Confideration for the wound
he received in the Service of this Colony.
Refolved, That the Petition of Jofeph Donaldfmi, late Surgeon's Mate in the Vir-
ginia Regiment, to be allowed half Pay for one Year, be rejedted.
On confidering the Claim of Richard Doggett, it appeared to your Committee that
sa N elf on, a Slave belonging to the faid Doggett, was on the 5* Day of Odober, 1761, tried
at a Court of Oyer and Terminer in Bedford County, and condemned for Felony ; that a
few Days after the Prifon of the faid County was broke open, and the faid Slave efcaped,
and hath never been heard of lince.
Refolved, That the faid Richard Doggett ought to be paid the Sum of £,80 for the
faid Slave by the Publick.
On
' Hening, III, p. 336. » Ihid., IV, p. 475.
[ 136 ]
On confidering the Claim of the Adminiftrators of Chriftopher Gift, deceafed, it
appeared to your Committee that the faid C/trt/liop/tfr 6'j'/i!, deceafed, did, on the Settle-
ment of an Account againft this Colony, on the 14* of June, 1758, give the Colony
Credit for ;£6oo received by him of Sir John St. Clair, Bart, for the fouthem Indians
Service, which Sum was afterwards difallowed the faid Gift by Samuel M'Caul, Jvm.
Alexander Stedman and John Ingles, Commiffioners for the Crown, and dedudled by
them out of the faid Chriftopher Gift's Account againft the Crown.
Refolved, That the Adminiftrators of the faid Chriftopher Gift, deceafed, ought to
be allowed the faid Sum of £600 by the Publick.
On confidering the Claim of the Reverend Archibald Dick, it appeared to your Com-
mittee that Bob, a Negro Man Slave belonging to the faid Dick, was, at a Court of Oyer
and Terminer held in Caroline County the as**' Day of Odober laft paft, condemned for
Felony, but broke Gaol before the Day appointed for his Execution, and hath not been
heard of fmce : It appeared to your Committee that Application was made to the faid
Dick to apply for a Pardon for his Slave, but he refufed ; and gave as a Reafon that the
faid Bob was fo notorious an Offender that he ought to be made an Example of.
Refolved, That the faid Archibald Dick ought to be allowed the Sum of £100 for his
faid Slave by the Publick.
The four lirft Refolutions being twice read, were agreed to by the Houfe.
The laft Refolution being alfo twice read, was difagreed to.
Ordered, That the faid Refolution be recommitted to the faid Committee.
A Petition of William Frafier, fetting forth that he hath lately, at a great Expenfe,
raifed a Caufey through the Marfli oppofite to the publick Ferry eftablifhed from his
Plantation over Mattapony River, to the Land of George Braxton, Efq ; deceafed, by the
Permiffion of Carter Braxton, Efq; Guardian to his the faid 6'eorge '5 Children ; that the
faid Caufey will be of great Utility to the Publick, if the Landing Place over the faid
River was eftablifhed there, as it fhortens the Paffage near Half a Mile ; and praying
that he may be enabled to keep up the faid Caufey, and that the fame may be eftablifhed
the publick Landing over the faid River, was prefented to the Houfe and read.
Ordered, That the faid Petition be referred to the Confideration of the Committee
of Propofitions and Grievances; that they examine into the Allegations of the faid
Petition, and report the fame, with their Opinion thereon, to the Houfe.
M' Attorney, from the Committee of Propofitions and Grievances, prefented to the
Houfe, according to Order, a Bill To repeal an A(5t, made in the 22*^ Year of his late
Majefty's Reign, entitled, Aw ^(3" concerning Strays, and to eftabUfh a more effectual
Method to prevent Frauds committed by Perfons taking up Strays; and the fame was
read the firft Time, and ordered to be read a fecond Time.
Alfo a Bill For diffolving the Veftry of the Parifh of Truro, in the County of Fairfaxt
and eledling a new Veftrv in the faid Parifli ; and the fame was read the firft Time, and
the Queftion being put that the faid Bill be read a fecond Time, ss
It paffed in the Negative.
Refolved, That the faid Bill be rejedted.
And then the Houfe adjourned until Tomorrow Morning 11 "'Clock.
X5ues6aY. tl)<i 7tl) of ^December, 3 (Beo. III. 1762.
A Petition of fundry Inhabitants of the Covinty oi Albemarle, in Behalf of themfelves
and others, praying that an Adl may be paffed to enable fuch of them as
fhall be willing to undertake it, to eredl a Bridge over the north Branch of
James River, at their own Expenfe, at the moft convenient Place near the
Courthoiife of the faid County ; and that they may be alfo authorifed to demand and
receive a certain Toll from all Perfons who fhall pafs over the faid Bridge, as fhall be
thought fit.
Alfo
I Hening, VI, p. i,?,V
[ 137 I
Alfo a Petition of Peter Jones, letting forth that he hath laid ofi, at a great Expenfe,
28 Acres of his Land adjoining the Town of Peterfburg into Lots, and praying that an Adl
may pafs to annex the faid 28 Acres of Land fo laid off as aforefaid to the faid Town of
Peterfburg, and that the Freeholders and Inhabitants of the fame may enjoy the fame
Privileges as the Freeholders and Inhabitants of other Towns erecfted by A(5l of Affembly
enjoy, were feverally prefented to the Hoiife and read.
Ordered, That the faid Petition be referred to the Confideration of the Committee
of Proportions and Grievances; that they examine into the Allegations thereof, and
report the fame, with their Opinion thereon, to the Houfe.
M'' Attorney, from the Committee of Propofitions and Grievances, reported that the
faid Committee had had under their Confideration the Memorial of the Officers of
the Virginia Regiment to them referred, and had come to feveral Refolutions thereon ;
which he read in his Place, and then delivered in at the Table, where they were again
twice read, and agreed to by the Houfe, with an Amendment, as follow :
Refolved, That the Allegations of the faid Memorial are true.
Refolved, That the Sum of ;^ioo ought to be paid by the Publick to the Colonel and
other Field Officers of the faid Regiment, the Sum of £'j$ to every Captain, and the Sum
of £$0 to each fubaltem Officer of the faid Regiment, as a Satiffadtion for the Expenfes
they were lately put to in providing themfelves with Camp Equipage, and other incident
Charges, when the faid Regiment was raifed.
Refolved, That the Colonel, and ever\' other Officer of the faid Regiment, ought
moreover to be allowed one half Year's Pay, according to their refpedlive Commiffions,
as a Recompenfe for their faithful Sendees to their Country.
Refolved, That the Officers of the faid Regiment, in Confideration of their long and
faithful Ser\-ices to this Covintr\\ ought to be recommended to his Majefty by this Hoiofe
for his Favour and Protedlion.
M'' Attorney alfo reported that the faid Committee had had under their Confideration
divers Petitions from fimdry Inhabitants of the Parifhes of St. David, in the County of
King William, and of the lower End of S/. Margarf^ '5, in the County of Caro/int', praying
that Part of the faid Parifh of St. Margaret may be added to the faid Parifh of Si.
84 David's according to the Lines therein particularly expreffed : Alfo a Petition of fundry
other Inhabitants of the faid Parifh of St. Margaret's, in Oppofition to the faid Petitions
for a Divifion ; and had come to the following Refolutions thereon :
Refolved, That the faid Petition, praying a Divifion of the faid Parifh of St. Margaret,
be rejedled.
Refolved, That the faid Petition, in Oppofition thereto, is reafonable.
Ordered, That the fecond and third Refolutions be engroffed, and that M"" At-
torney do carry them up to the Council for their Concurrence.
Ordered, nemine contradicente , That it be an Inftrudlion to the faid Committee to
prepare an Addrefs to his Majefty, purfuant to the laft Refolution.
M'' Bland, from the Committee of Privileges and Eledlions, reported that the faid
Committee had had imder their Confideration the Petition of Bertrand Ewell to them
referred, and had come to the following Refolution thereon ; which he read in his Place,
and then delivered in at the Table, where it was again twice read, and agreed to bv the
Houfe, as follows:
Refolved, That the faid Bertrand Ewell be allowed Time, vmtil the next Seffion of
Affembly, to prove the Allegations of his faid Petition ; that in the Meantime he be
difcharged out of Cuftody, paying Fees ; and that the faid Petition be referred to the
Confideration of the next Seffion of Affembly.
M'' Attorney, from the Committee appointed, prefented to the Houfe, according
to Order, a Bill For difpofmg of the publick Stores of Gimpowder in the Magazine in the
City of Williamfburg, and for other Purpofes therein mentioned ; and the fame was read
the firft Time, and ordered to be read a fecond Time.
An
[ 138]
An engroffed Bill, entitled, An Ad ■ for appointing Diredors and Truftees for the Town
of Blandford, in the County of Prince George, and to prevent Hogs running at Large therein,
was read a third Time, and the Blanks therein filled up.
Refolved, That the Bill do pafs.
Ordered, That M^ Bland do carry up the faid Bill to the Council for their Concur-
rence.
The Order of the Day being read for the Houfe to refolve itfelf into a Committee
on the Bill For further continuing and amending the Adl, entitled An Ad' for the better
regulating and colleding certain Officers Fees, and for other Purpofes therein mentioned.
Refolved, That the Houfe will refolve itfelf into a Committee on the faid Bill To-
morrow.
An engroffed Bill, entitled, An Ad^ for the more effedual keeping the ptihlick Roads
and Bridges in Repair, was read a third Time, and the Blanks therein filled up.
Refolved, That the faid Bill do pafs.
Ordered, That M"" Bland do carry up the faid Bill to the Coimcil for their Concur-
rence.
An engroffed Bill, entitled, An Ad"- for dividing the County of Lunenburg into three
diftind Counties, was read the third Time, and the Blanks therein filled up; and the
Queftion being put that the faid Bill do pafs.
It paffed in the Negative.
A Meffage from the Govemour was delivered by M'' Walthoe.
M^ Speaker,
The Govemour has commanded me to lay before your Houfe a Letter which he has juft
received from Colonel Stephens.
And the faid Letter was read, and ordered to lie on the Table.
And then tlie Houfe adjourned until Tomorrow Morning ii "'Clock.
Wabndsba^, t^e Stb of T>ecember. 3 (Beo. III. 1762.
AN engroffed 5t7/, entitled, An Ad^ for direding and better regulating the Eledion
of Burgeffes, for fettling their Privileges, and for afcertaining their Allowances,
was read the Third Time, and the Blanks therein filled up.
Refolved, That the faid Bill do pafs.
Ordered, That M' Richard Henry Lee do carry up the faid Bill to the Council for their
Concurrence.
Two certified Acccnmts of Captain Blagg, for Waggonage and Recruiting therein
mentioned, were prefented to the Houfe and received.
Ordered, That the faid Accoiints be referred to the Confideration of the Committee
of Claims; that they examine into the Allegations thereof, and report the fame, with
their Opinion thereon, to the Houfe.
On a Motion made.
Ordered, That Leave be given to bring in a Bill To empower Tenants in Taille to
make Leafes for three Lives, or 2 1 Years ; and it is referred to M"^ Richard Henry Lee,
M^ Edmund Pendleton and M'' George Johnfon, to prepare and bring in the fame.
M'' Attorney, from the Committee of Propofitions and Grievances, reported that the
faid Committee had had under their Confideration divers Propofitions and Petitions
to them referred, and had come to the following Refolutions thereupon; which he read
in his Place, and then delivered in at the Table, where they were again twice read, and
agreed to by the Houfe, as follow :
Refolved, That the Memorial of the Honourable William Byrd, Efq ; praying that
he may be allowed fome Satiffadlion for the Trouble he was at, and the Expenfes he
incurred
' Hening, VII, p. 608. 3 /bid., VII, p. 577. s Hening, VII, p. 517.
> /Wd., V, p. 336. « Did not bec»nje a law. ^
[ 139 ]
incTirred, in attending his Excellency Sir Jeffery Amherft at New York, and obtaining
his Warrant for examining and fettling the Expenfes of this Colony for the Campaign
of the Year 1760, is reafonable; and that he ought to be allowed the Sum of ;^5oo for
his faid Services.
Refolved, That the Petition of M'' George Mercer, praying that he may be allowed
fome fatiffadlion for the Trouble he was at, and the Expenfes he incurred, in attending
the Commiffioners appointed by his Excellency Sir Jeffery Amherft at New York ,
for fettling the Accounts of the Expenfes of this Colony for the Campaign of the Year
1760, is reafonable; and that he ought to be allowed the Sum of £500, for his faid
Services.
Refolved, That the Petition of Allan Macrae, praying that Bertrand Swell may be
obliged to make him a Satiffadlion for a Piece of his Land, which was laid off into a
Street, in the Town of Dumfries, in the County of Prince William, by the Truftees of
the faid Town, by which the faid Bertrand Ewell, as Proprietor of feveral Lots fronting
the faid Street, is principally benefited, be rejedled.
Refolved, That the Petition of Robert Rutherford and Mary Wood, in Behalf of them-
felves and others, praying that they may be paid by the Publick for Timber taken off
their refpedtive Lands, and made Ufe of in building Fort Loudoun, in Winchefter, is
reafonable.
*6 Refolved, That the Petition of fundry Inhabitants of the Parifh of St. Anne, in the
County of Albemarle, complaining that the Veftry of the faid Parifh was illegally eledled,
and praying that the faid Veftry may be diffolved, ought to be rejedted, no Perfon
appearing to prove the Allegations of the faid Petition.
Ordered, That the two firft Refolutions be engroffed, and that M"" Attorney do carry
them up to the Council for their Concurrence, and that the Committee of Propofitions
and Grievances do prepare and bring in a Bill or Bills purfuant to the 4*'' Refolution.
A Meffage from the Covmcil by M'' Walthoe.
That they have agreed to the Bill, entitled. An Adl' for the more effedtual keeping the
publick Roads and Bridges in Repair, with an Amendment, to which they defire the
Concurrence of this Houfe.
Alfo to the Bill, entitled, An Acffc' for appointing Diredtors and Truftees for the
Town of Blandford, in the County of Prince George, and to prevent Hogs nmning
at Large therein, without any Amendment.
On a Motion made,
Ordered, That M"" John Clack have Leave to withdraw his Petition prefented at a
former Seffion of this General Affembly againft M"" Ifaac Rowe Walton, complaining of
an tmdue Eledtion and Return of the faid M'' Ifaac Rowe Walton to ferve as a Burgefs
in this prefent General Affembly for the County of Brunfwick .
The Order of the Day being read for the Hotife to refolve itfelf into a Committee on
the Bill For further continuing and amending the Adl, entitled, An Ad^ for the better
regulating and colleding certain Officers Fees, and for other Purpofes therein mentioned.
Refolved, That the Houfe will refolve itfelf into a Committee on the faid Bill To-
morrow.
M"" Attorney, from the Committee of Propofitions and Grievances, to whom the Bill
For deftroying Crows and Squirrels was committed, reported that the faid Committee
had had the faid Bill under their Confideration, and had made an Amendment
hereto; which he read in his Place, and then delivered in at the Table.
And on a Motion made,
Ordered, That the faid Bill be committed to a Committee of the Whole Houfe imme-
diately.
And then the Houfe refolved itfelf into the faid Committee ; and after fome Time
fpent therein, M"" Speaker refumed the Chair, and M'' Attorney reported that the Com-
mittee
I Hening, VII, p. 577. ' /6«rf., VII, p. 608. 3 /6tcf., V, p. 326.
[ I40 ]
mittee had had the faid Bill under their Confideration, and gone through the fame, and
had made an Amendment thereto, which they had directed him to report to the Houfe ;
and he read the fame in his Place, and then dehvered in at the Table, where it was again
twice read, and agreed to by the Houfe.
Ordered, That the faid Bill, with the Amendments, as amended, be engroffed, and
read a third Time.
And then the Houfe adjourned until Tomorrow Morning ii '''Clock.
X5burs6ay. tl)e 9tl) of i!)ecember. 3 (5eo. III. 1762.
MR f.egrand, from the Committee appointed, prefented to the Houfe, according
to Order, a Bill For altering the Court Day of the Coimty of Prince
Edward; and the fame was read the firft Time, and ordered to be read a
fecond Time.
M'' Mercer, from the Perfons to whom the Petition of Nathaniel Stedman was
referred, reported that they had had the fame under their Confideration, and agreed on
a Report, and come to a Refolution thereon ; which he read in his Place, and then deliv-
ered in at the Table, where it was again twice read, and agreed to by the Houfe, as
follows :
It appears to your Committee, from the Information of fundry Officers of the
Virginia Regiment, that the faid A^a</tawtV/S<^d wan was a Soldier in the faid Regiment,
and was taken Prifoner by the Savages, as is fet forth in his faid Petition, and that he
remained in Captivity for the Space of two Years and three Months, when he made his
Efcape, and was returning to join his Regiment, but was taken fick at the Croffings of
Yauyaugaine,Sindd\& not arrive before the Regiment was difbanded, and that he has
enlifted again in the Regiment, under the late Adl of Affembly.
Refolved, That the faid Natltaniel Stedman be allowed the Sum of £ss> iri full for
his Pay, and a Compenfation for the Hardfhips he fuffered during his Captivity.
Refolved, That his Arrears of Pay due before his being made a Prifoner ought to be
fettled and paid him by the Paymafter of the Virginia Regiment.
A Bill For Relief of infolvent Debtors, for the effedtual Difcovery and more equal
Diftribution of their Eftates, was read the fecond Time, and ordered to be committed
to a Committee of the whole Houfe Tomorrow.
M'' Attorney, from the Committee of Propofitions and Grievances, reported that the
faid Committee had had under their Confideration the Petition of M'' Richard Pearis to
them referred, and had examined into his Accounts referred to by the faid Petition,
which he laid before the Committee, and had come to feveral Refolutions thereon ; which
he read in his Place, and then delivered in at the Table, where they were again twice
read, and agreed to by the Hotife, as follow:
Refolved, That the faid Richard Pearis ought to be paid by the Publick the Sum of
>^i74. 125. 3d. being for Provifions and other Neceffaries fumifhed by him to the
Cherokee Indians, and for his Pay as a Captain of a Company of Rangers from April
1756 to the i'* of December following, including alfo Pay by him advanced to the
Company under his Command.
Refolved, That the Sum of £ izy . 2s. lod. charged in his faid Accounts, as for the
Balance of his Company's Pay, be rejedled.
Refolved, That the Article of £6$. los. charged in his faid Account for his own Pay
from the i'* of December 1756 to the 10*'' of May 1757, as a Condudlor to the Cherokee
Indians, is chargeable on his Majefty's Revenues, and not on the publick Treafury of
this Colony.
Refolved, That the Article of £8j. i8s. charged in the faid Account for Horfes and
Packfaddles delivered to Colonel David Stewart for the Expedition againft the
Shawaneffe, ought to be referred to the Confideration of the next Seffion of Affembly.
Ordered
87
[ 141 ]
Ordered, That the firft Refolution be engroffed, and that M' Attorney do carry it
up to the Council for their Concurrence.
An engroffed Bill, entitled, An Ad far deftroying Crows and Squirrels, was read the
third Time, and the Blanks therein filled up.
^ On a Motion made,
An engroffed Claitfe was added to the Bill, as a Rider; and then the Oueftion being
put that the faid Bill do pafs, the Hotxfe divided.
Yeas go forth
Yeas, 77.
Noes, 3J.
Refolved in the Affirmative.
Ordered, That M'' Cary do carry up the faid Bill to the Council for their Concurrence.
M"" Attorney, from the Committee of Propofitions and Grievances, prefented to the
Houfe, according to Order, a Bill For eftablifhing quarterly Courts in the feveral
Counties of this Colony.
Alfa a Bill For regulating the Gold Coin of the German Empire.
Alfo a Bill To empower Carter Henry Harrifon, Gentleman, to build a Mill on
Willlf's Creek, in the County of Cumberland; and the faid Bills were read the firft Time
and ordered to be read a fecond Time.
M'' Attorney, from the Committee appointed, prefented to the Houfe, according to
Order, a Bill Declaring Slaves to be perfonal Eftates, and for other Purpofes therein
mentioned ; and the fame was read the firft Time, and ordered to be read the fecond
Time.
M"' Cary, from the Committee of Claims, reported that the faid Committee had had
under their further Confideration the Claim of the Reverend Archibald Dick to them
recommitted, and had agreed upon a Report, and come to a Refolution thereon ; which
he read in his Place, and then delivered in at the Table, where it was again Twice read,
and agreed to by the Houfe, as follows:
It appeared to yovir Committee that fince the faid Claim was prefented to this Houfe
and referred to your Committee, the faid M'' Dick hath obtained a Pardon for the Slave
in his faid Claim mentioned.
Refolved, That the faid Claim be rejedled.
M'' Cary alfo reported that the faid Committee had had under their Confideration
the feveral matters to them referred, and had come to feveral Refolutions thereon;
which he aKo read in his Place, and then delivered in at the Table, where they were
again read, and are are follow :
Refolved, That the Petition of the Juftices of Gloucefter County, to be repaid 2500
lbs. of Tobacco for repairing the Wharf at the Warehoufe at Gloucefter Town, in that
County, is reafonable ; and that they ought to be allowed the faid Tobacco by the Pub-
lick, the Rents of the faid Warehoufe not being fufficient to reimburfe them the fame.
Refolved, That the Petition of William Banks, to be repaid the Bounty Money of a
Soldier enlifted by him for the Cherokee Expedition, and refufed by the Commanding
Officer at the Place of Rendezvous, on Account of his Size, is reafonable ; and that he
ought to be allowed the Sum of ;^io, the Bounty Money paid by him to the faid Recruit,
and the further Sum of £;io, his Expenles in recruiting, it appearing to this Committee
that he was an able bodied Man.
On confidering the Petition of Capt. John Field and Capt. John Pofey, in Behalf of
their Companies of Artificers, it appeared to your Committee that the two Companies
commanded by the Petitioner were employed as Artificers in the Campaign in the Year
1758, and by the Honourable William Byrd, Efq; their Colonel (by Order of the
*^ General) promifed 6d. a Day extraordinary Pay for that Serv'ice, in which they behaved
remarkably well ; it alfo appeared to your Committee that Colonel Byrd paid each of
the faid Men 20s. by Order of the General, who directed the Captains to apply to this
Colony for the Reft of their Pay.
Refolved
Refolved, That the non-commiffioned Officers and private Men of the faid Companies
ought to be paid for the Time they were on that Duty by the Publick, at the Rate of
6d. a Day, dedudling the Sum of 20s. received by each Man of the faid Companies as
aforefaid, according to the faid Captains Pay Roll, amounting as follows, to wit : The
faid Captain Field's Company, the Sum of £375. 6s. and the faid Captain Pofey's
Company, the Sum of ;^302. i6s.
On conlidering the Account of Dodlor Hugh Mercer againft the Publick, it appeared
to your Committee that the faid Mercer fupplied the Regiment with Medicines,
delivered out in Dofes, to the Amount of ;£i76. 5s. 6d. Halfpeny, the Articles of which
are lower than are commonly charged by Apothecaries; that the Account began the 24'''
of April, 1762, and that he continued fupplying them in the fame Manner until the s"' of
Odoher following, at which Time your Committee find another Article charged for a Medi-
cine Cheft, amounting to ;^i25. 15s. 2d. It alfo appeared to your Committee that the
Regiment was very fickly, and many of the Soldiers had the Smallpox. Your Committee
find that the higheft Charge for a Medicine Cheft for any former Campaign was £84. i6s.
8d.
Refolved, That the faid Hugh Mercer ought to be paid the Sum of ;^ii7. los. 4d. in
full for his Account for Medicines delivered in Dozes to the Regiment, by the Publick.
Refolved, That the Refidue of the faid Accoimt, being £58. 15s. 2d. Halfpeny, be
reje<5led.
Refolved, That the Article in the faid Account oi £12$. 15s. 2d. for the Medicine
Cheft fumifhed the Regiment, be rejedled.
The five firft Refolutions being read a fecond Time, were agreed to by the Houfe.
The laft Refolution being alfo read, the Houfe difagreed to it.
On a Motion made,
Ordered, That the faid Refolution be recommitted to the faid Committee.
A Meffage from the Govemour was delivered by M' Walthoe.
That they have agreed to the Refolve to allow Larkin Chew £100, and £40 a Year during
his life.
Alfo to the Refolve for allowing William Bronaugh one Year's Pay as Captain in the
Virginia Regiment in the Year 1757 and for his Sufferings during the Campaign at the
Redudion of Fort DuQuefne, when he ferved as a Volunteer at his oum Expenfe.
The Order of the Day being read for the Houfe to refolve itfelf into a Committee on
the Bill For further continuing and amending the A<51, entitled. An Ad^ for the better
regulating and colleding certain Officers Fees, and for other Purpofes therein mentiofied.
Refolved, That the Houfe will refolve itfelf into a Committee on the faid Bill
Tomorrow.
The Houfe proceeded to take into Confideration the Amendments propofed by the
Council to the Bill, entitled, An Ad' for the more effedual keeping tfie publick Roads and
Bridges in Repair; and the fame being read, the firft was agreed to by the Houfe, and
the laft difagreed to.
Ordered, That M' Bland do go up with a Meffage to the Council and acquaint them »
therewith, and defire they will pafs the Bill with the Amendment as agreed to by the
Houfe.
And then the Houfe adjourned imtil Tomorrow Morning 11 "'Clock.
Tfridap.
• Hening, V, p. 326. » Ibid., VII, p. 577.
[ 143 ] .
Trl6a?, tbe lOt^ of ^December, 3 (&eo. III. 1762.
MR Pendleton, from the Committee appointed to examine the Treafurer's
Accounts reported that the faid Committee had had the fame under their
Confideration and examined all the feveral Articles and Vouchers thereof
and had agreed upon a Report, and come to feveral Refolutions thereon ;
which he read in his Place, and then delivered in at the Table, where they were again
twice read, and agreed to by the Houfe, as follow:
It appears that the faid Accounts are truly ftated. and that there remains a Balance
in the Hands of the Treafurer of ;£5666. 15s. 8d. on the publick Account.
That there remains in the Treafurer's Hands a Balance of ;i£25,574. 13s. id. for the
Duty on Tobacco, for the Land and Poll tax, and for the additional Duty on Slaves.
That bvuTied Tobacco Notes not yet taken in amount to ;^876.
That there remains in the Treafurer's Hands ;£8o. 3s. id. of the Money refervedfor
the Redemption of the old Notes bearing Intereft, fo many of the faid Notes remaining
ftill out.
That there ftill remains in the Treafurer's Hands ;£2 5oo, the Balance due to the
Commiffioners for the Indian Trade.
That there remains in the Treafurer's Hands ;^io, 341.10s. id. forBillsof Exchange
drawn on the Agents, purfuant to Adts of Affembly.
That there alfo remains in the Treaftirer's Hands a Balance of ;£2 2oo. 6s. 6d. for
the Treafury Notes emitted in April 1762.
Refolved, That the faid Accounts do pafs.
Ordered, That M"" Edmund Pendleton do carry up the Treafurer's Accounts to the
Council for their Concurrence.
M"" Bland, from the Committee appointed, prefented to the Houfe, according to
Order, a Bill For the better and more regular coUedting his Majefty's Quitrents, and the
publick Taxes; and the fame was read the firft Time, and ordered to be read a fecond
Time.
M'' Benjamin Harrifon, from the Committee of Trade, prefented to the Houfe,
according to Order, a Bill To amend the feveral Adls of Affembly of this Colony for
licenfing Pedlars, and preventing Frauds in the Duties on Skins and Furs ; and the
fame was read the firft Time, and ordered to be read a fecond Time.
A Petition of the Minifter, Churchwardens and Veftry, of the Parifh of St. Andrew,
in the County of Brunfivick, fetting forth that the Glebe of the faid Parifh is very incon-
veniently fituated, the Land poor, and the Buildings thereon in a ruinous Condition;
and praying that an Adl may pafs to empower them to fell the faid Glebe, and to apply
the Money arifing from the Sale thereof towards purchafmg a more convenient Glebe
for the faid Parifh.
Ordered, That a Bill be brought in purfuant to the Prayer of the faid Petition, and
it is referred to M'' Bland and the Members of the County to prepare and bring in the
fame.
91 On a Motion made,
Ordered, That it be an Inftrudlion to the faid Committee to receive a Claufe or Clauf es
to enable the Veftry of the Parifh of Frederick, in the County of Frederick, to fell
their prefent Glebe, and to purchafe a more convenient One in Lieu thereof.
A Petition of Betty Todd, in Oppofition to a Petition prefented to the Houfe for
building a Town at Todd's Warehoufe, in the County of King and Queen, was prefented
to the Houfe and read.
Ordered, That the faid Petition be referred to the Confideration of the Committee of
Propofitions and Grievances : that they examine into the Allegations thereof, and report
the fame, with their Opinion thereon, to the Houfe.
A
[ 144 ]
A Bill To revi\e and amend an Adl, entitled, An Ad ■ jorinfpeding Pork, Beef, Flower,
Tar, Pitch and Turpentine, was read the fecond Time, and committed to the Committee
of Trade.
W Cary, from the Committee of Claims, reported that the faid Committee had had
under their further Confideration a Refolution of this Committee on a Claim of Dodlor
//ng/t .l/crr^/-, to them recommitted ; and had agreed upon a Report, and come to a
Refolution thereon ; which he read in his Place, and then delivered in at the Table,
where the fame was again read, and agreed to, with an Amendment, as follows :
It appeared to your Committee that the Amount of Medicines delivered in Dofes
by the faid Mercer to the Hofpitals of the Regiment, from the 5"^ of September laft to
the s*'' of Odober following, amounted to £^8. 15s. gd.
Refolved, That the faid Hugh Mercer ought to be paid the Sum oi £12-^. 15s. 2d. the
Amount of the Medicine Chcft delivered by him for the Ufe of the Regiment.
A Bill To dock the Entail of certain Lands whereof Ralph Wornieley. Efq ; is feized
and for fettling other Lands of greater Value to the fame Ufes, was read the fecond Time,
and committed to M'' Edmund Pendleton, M"" Smith, and the Members of Gloucefter, King
William and Hanover.
M"" Edmund Pendleton, from the Perfons to whom the Petition cA James Cocke, Clerk
of the Treafury, was referred, reported that they had examined into the Allegations
thereof, and agreed upon a Report, and come to a Refolution thereupon ; which he read
in his Place, and then delivered in at the Table, where it was again twice read, and agreed
to by the Houfe, as follows:
It appears, on Examination of the Treafurer's Accounts, that the Bufinefs of that
Office is greatly increafed, fo as to require the conftant Attendance of the Petitioner;
and that he has difcharged his Duty in the faid Office with great Care, Pundluality and
Fidelity.
Refolved, That the faid Petition is reafonable, and that the Petitioner ought to be
allowed the additional Salary of ;^5o a Year.
A Bill To dock the Entail of certain Lands whereof Henry Scarburgh is feized in
Fee Taille, and for other Purpofes therein mentioned, was read the fecond Time, and
committed to the Members of Accomack and Northampton.
A Bill For difpofing of the publick Stores of Gunpowder in the Magazine in the City
of Williamfburg, was read the fecond Time, and committed to the Committee of Propo-
fitions and Grievances.
M"" Richard Henry Lee, from the Committee to whom the Bill For eftablifhing the
Town of Romney, in the County of Hampfhire, was referred, reported that the faid Com-
mittee had had the faid Bill under their Confideration, and had made feveral Amend-
ments thereto ; which he read in his Place, and then delivered the Bill with the Amend- 92
ments in at the Table, where the Amendments were again twice read, and agreed to by
the Houfe.
Ordered. That the faid Bill, with the Amendments, be engroffed, and read a third
Time.
M"" Attorney, from the Committee of Propofitions and Grievances, reported that the
faid Committee had had under their Confideration divers Propofitions and Petitions to
them referred, and had come to feveral Refolutions thereon ; which he read in his Place,
and then delivered in at the Table where they were again twice read, and agreed to by the
Houfe, as follow :
Refolved, That the Petition of Peter Jones, praying that 28 Acres of his Land,
adjoining the Town of Peterfburg, which he has laid off into Lots and Streets, may be
added to and made Part of the faid Town, is reafonable.
Refolved, That the Petition of the Clerk, Sheriff, Sur\'eyor and Gaoler, of the County
of Cumberland, praying that the Dedudlion from their Tobacco Fees in the faid Coimty,
for making the fame convenient, may be leffened, be rejected.
Refolved, That the Petition of fundry Inhabitants of the County of Albemarle, pray-
ing that they may be permitted to build a Bridge over the north Branch of James River,
in the faid County, and that the Perfon who fhall undertake to build the fame, may,
after
■ Hening. VI, p. 146.
[ 145]
after it is finifhed, demand and take a reafonable Toll from Travellers paffing over the
fame, is reafonable.
Refolved, That the feveral Petitions of fundry Inhabitants of the Counties of Gooch-
land and Amelia, praying that the Infpedtion of Tobacco may begin on the i '' Day of
Odober yearly, inftead of the ao'**, as is now by Law diredted, and that it may end fooner,
is reafonable.
Refolved, That the Infpedtion of Tobacco ought to end the lo"^ Day of Auguft.
Refolved, That the Petition of Charles Binns, Clerk of Loudoun County praying that
the Dedudtion from the Tobacco Fees of his Office, for making the fame convenient,
may be leffened, be rejedted.
Ordered, That a Bill or Bills be brought in purfuant to the i '* and 3** Refolutions,
and it is referred to the Committee of Propofitions and Grievances to prepare and bring
in the fame.
Ordered, That it be an Inftrudtion to the Committee who are to prepare and bring
in a Bill For further amending and continuing the Adt for amending the Staple of
Tobacco, and preventing Frauds in his Majefty's Cuftoms, that they receive a Claufe or
Claufes purfuant to the 4*'' and s*** Refolutions.
The Houfe, according to Order, refolved itfelf into a Committee on the Bill For
ReUef of rnfolvent Debtors, for the effedlual Difcovery and more equal Diftribution of
their Eftates and after fome Time fpent therein, M'' Speaker refumed the Chair, and M''
Attorney reported that the faid Committee had had the faid Bill under their Confidera-
tion, and gone through the fame, and had made feveral Amendments thereto; which
he read in his Place, and then delivered in at the Table, where the faid Amendments
were again twice read, and agreed to by the Houfe.
Ordered, That the faid Bill, with the Amendments, be engroffed, and read a third
Time.
The Order of the Day being read for the Houfe to refolve itfelf into a Committee on
the Bill For further continuing and amending the Adl, entitled. An Ad • /or the better regu-
lating and colleding certain Officers Fees, and for other Purpofes therein mentioned.
Refolved, That the Houfe will refolve itfelf into a Committee on the faid Bill
Tomorrow.
And then the Houfe adjourned until Tomorrow Morning 11 "'Clock.
93
Satur6aY t^e Ut^ of TDecember. 3 (Bee, III 1762,
MR Richard Henry Lee, from the Perfons appointed, prefented to the Houfe,
according to Order, a Bill To confirm and eftablifh an Agreement made
between James Scott the elder, Clerk, and yam^5 Scott the yotmger, his Son;
and the fame was read the firft Time, and ordered to be read a fecond Time.
On a Motion made.
The fame was read the fecond Time, and committed to M"" Richard Henry Lee, and
the Members of the Coimties of Prince William, Loudoun, Fairfax and Fauquier.
Ordered, That Colonel Stephen's Letter, which was fent down from the Govemotir
to this Hoxafe on Tuefday laft, and ordered to lie on the Table, be referred to the Confid-
eration of the Committee of Claims.
A Bill To amend the Adl for encouraging Arts and Manufadtures was read the
fecond Time.
Ordered, That the faid Bill be engroffed, and read the third Time.
A Bill For altering the Court Day of the County of Prince Edward was read the
fecond Time, and committed to the Committee of Propofitions and Grievances.
A Bill To empower George Parker to make one Payment of ;£6oo to the Chvu-ch-
wardens of the Lower Parifh of Nanfemond, in Lieu of a perpetual Annuity oi £2,2, and
for
■ Hening V, p. 326.
[ 146 ]
for other Purpofes therein mentioned, was read the fecond Time, and committed to the
Members of Nanfemond, Accomack and Northampton.
On a Motion made,
Ordered, That Leave be given to bring in a Bill For paying the Burgeffes Wages in
Money for this prefent Seffion of Affembly, and it is referred to M-- Richard Henry Lee to
prepare and bring in the fame.
M'' Pendleton, from the Perfons to whom theBill To dock the Entail of certain Lands
whereof Ralph Wormeley, Efq; is feized, and for fettlingother Lands of greater Value to,
the fame Ufes, was referred, reported that the faid Committee had had the faid Bill under
their Confideration, and gone through the fame, and had made feveral Amendments
thereto ; which he read in his Place, and then delivered the Bill with the Amendments
in at the Table, where the faid Amendments were again twice read, and agreed to by
the Houfe.
Ordered, That the Bill with the Amendments be engroffed, and read a third Time.
M'' Cary, from the Committee of Publick Claims, reported that the Committee had
examined and confidered all the publick Claims which had been laid before them this
Seffion, and had agreed upon a Report, which he had entered in a Book ; and he deliv-
ered the Book in at the Table.
Ordered, That the faid Report do lie on the Table.
Ordered, That M"" Marfhal have Leave to be abfent from the Bufmefs of this Houfe
the Remainder of this Seffion.
M"^ Pendleton, from the Committee to whom the Bill To dock the Entail of certain
Lands whereof Henry Scarburgh is feized in Fee Taille, and for other Purpofes therein
mentioned, was committed, reported that they had examined into the Allegations thereof m
and foimd them to be true, but had made no Amendments thereto.
Ordered, That the faid Bill be engroffed, and read a third Time.
A Meffage from the Council by M"" Walthoe.
That they have agreed to the Bill, entitled. An Adt ■ for diredling and better regulating
the Eledlion of Burgeffes, for fettling their Privileges, and for afcertaining their Allow-
ances.
Alfo to a Refolve for allmving Andrew Lewis the Sum of £350
And that they have receded from their Amendment difagreed to by this Houfe to the
Bill, entitled, An Adt' for the more eflfedtual keeping the publick Roads and Bridges in,
Repair.
A Bill For eftablifhing Pilots, and regulating their Fees, was read a fecond Time
and committed to the Committee of Trade.
Ordered, That M"^ Wythe and M"" Richard Henry Lee be added to the Committee of
Trade.
A Meffage from the Council by M^ Walthoe.
That they have agreed to the Refolves :
For allowing the Honourable William Byrd, E]q; the Sum of £300, for the Purpofes
therein mentioned.
For allowing M' George Mercer the Sum of £500, for his Services therein mentioned.
For allowing the feveral Officers of the Virginia Regiment fix Months Pay, for their
Services to their Country.
And to another, for granting the faid Officers the feveral Sums tnerein mentioned.
A Bill To amend an Adt, entitled, An Ad^ for regulating Ordinaries, and Reftraint
of Tippling Houfes, was read the fecond Time.
Ordered, That the faid Bill be engroffed, and read a third Time.
M^
« Hening, VII. p. 517. ' ^^id., VII, p. S77- ' ^^id., VI, p. 71.
[ 147 ]
M"- Attorney, from the Committee of Propofitions and Grievances, prefented to the
Houfe, according to Order, a Bill For further amending and continuing the A<ft for
amending the Staple of Tobacco, and preventing Frauds in his Majefty's Cuftoms.
Alfo a Bill For building a Bridge over the north Branch of James River, in the
County of Albemarle.
And a Bill For eftablifhing the Town of Charlotte fville, in the County of Albemarle;
and the fame were feverally read the firft Time, and ordered to be read a fecond Time.
The Houfe, according to Order, refolved itfelf into a Committee on the Bill For
further continuing and amending the Adt entitled. An Ad ■ for the better regulating and
colleding certain Officers Fees, and for other Purpofes therein mentioned; and after fome
Time fpent therein, M"- Speaker refumed the Chair, and M"" Attorney reported that the
Committee had had the faid Bill vmder their Confideration, but not having Time to go
through the fame they had diredted him to move for Leave to fit again.
Refolved, That this Houfe will again refolve itfelf into the faid Committee on Mon-
day next.
M' Attorney, from the Committee of Propofitions and Grievances, to whom the Bill
For difpoling of the publick Stores of Gvmpowder in the Magazine, in the City of
Wtlliamfburg, was committed, reported that the Committee had had the faid Bill under
their Confideration, and had made an Amendment thereto ; which he read in his Place
and then delivered the Bill with the Amendment in at the Table, -where it was again
twice read, and agreed to by the Houfe.
^ Ordered, That the faid Bill with the Amendment be engroffed, and read a third
Time.
A Petition of James Hubard and Frances his Wife, fetting forth that the Petitioner
Frances is feized in Fee Taille of and in a Tradt of Land in the Parifh of Brunfwick, in the
County of King George, containing 840 Acres, or thereabouts, under the Will of William
Colfton, her late Grandfather ; and that the Petitioner James is feized in Fee Simple of
and in feveral Half Acre Lots of Land in the City of Williamfbtirg, with valuable Build-
ings, and other Improvements thereon ; and that it would be greatly to the Advantage
as well of themfelves, as of thofe who may claim in Remainder of Reverfion under the
faid Willaim Colfton' s Will, if the Entail of the faid Lands in King George were docked,
and the faid Lots in the City of Williamfbtirg were fettled to the fame Ufes ; and pray-
ing that an Adt may pafs for that Purpofe, was prefented to the Houfe and read.
Ordered, That a Bill or Bills be brought in purfuant to the Prayer of the faid Peti-
tion, and it is referred to M"' Pendleton to prepare and bring in the fame.
And then the Houfe adjourned until Monday Morning 11 "'Clock.
ytlonba^. t^e I3t^ of ^December, 3 ©eo. III 1762.
A
N engroffed Bill, entitled. An Ad'' to dock the Entail of certain Lands whereof
Ralph Wormeley, Efq ; is feized, and for fettling other Lands of greater Vahie
to the fame Ufes, was read a third Time, and the Blanks therein filled up.
Refolved, That the faid Bill do pafs.
Ordered, That M"" Pendleton do carry up the faid Bill to the Council for their Concur-
rence.
An engroffed Bill, entitled. An Ad^ to amend an Ad, entitled, An Ad for regulating
Ordinaries, and Reftraint of Tippling Hottfes, was read the third Time.
Refolved, That the faid Bill do pafs.
Ordered, That M'' Attorney do carry up the faid Bill to the Council for their Concur-
rence.
An engroffed Bill, entitled, An Ad'^ for difpofing of the publick Stores of Gunpowder
in the Magazine, in the City of WilHamfburg, was read the third Time.
Refolved
■ Hening, VI, p. 326. ' Ibid., VII, p. 628. 3 Ibid., VII, p. 595- " Ibid., VII, p. 594.
[ 148 ]
Refolved, That the faid Bill do pafs.
Ordered, That M"' Attorney do carry up the faid Bill to the Council for their Concur-
rence.
An engroffed Bill, entitled An Ad ' to amend the Ad for encouraging Arts and Matiu-
fadures, was read a third Time.
Refolved, That the faid Bill do pafs.
Ordered, That M"" Wythe do carry up the faid Bill to the Council for their Concurrence.
An engroffed Bill, entitled, An Ad'' for Relief of infolvent Debtors, for the effedual
Difcovery and more equal Diftribution of their Eftates, was read the third Time, and the
Blanks therein filled up.
Refolved, That the faid Bill do pafs.
Ordered, That M"" Richard Henry Lee do carry up the faid Bill to the Council for their
Concurrence.
An engroffed Bill, entitled, An Ad^ for eftablifhing the Town of Romney, in the County
of Hampfhire, and for other Purpofes therein mentioned, was read the third Time.
Refolved, That the faid Bill do pafs.
Ordered, That M"" George Mercer do carry up the faid Bill to the Coimcil for their
Concurrence.
An engroffed Bill, entitled, An Ad* to dock the Entail of certain Lands whereof Henry
Scarburgh is seized in Fee Simple, and for other Purpofes therein mentioned, was read the
third Time.
Refolved, That the faid Bill do pafs.
Ordered, That M'' Parraniore do carry up the faid Bill to the Council for their Con-
currence.
M' Bland, from the Committee appointed, prefented to the Houfe, according to Order,
a Bill To empower the refpe<ftive Veftries of the Parifhes of St. Andrew, in the Coimty
of Brunfwick, and Frederick, in the County of Frederick, to fell their Glebe Lands; and
the fame was read the firft Time, and ordered to be read a fecond Time.
A Bill For further amending and further continuing the A(5t for amending the
Staple of Tobacco, and preventing Frauds in his Majefty'sCuftoms, was read a fecond
Time, and committed to a Committee of the whole Hoiife Tomorrow.
M'' Attorney, from the Committee of Propofitions and Grievances, prefented to the
Hotife, according to Order, a Bill For eftablifhing feveral new Ferries.
Alfo a Bill To relieve fundr\' Perfons whofe Lands have been injured by cutting
down their Timber to build Fort Loudoun.
Alfo a Bill For enlarging the Town of Peter f burg, and for other Purpofes therein
mentioned ; and the faid Bills were feverally read the firft Time, and ordered to be read
a fecond Time.
M'' Attorney alfo reported, from the faid Committee, to whom the Bill For altering
the Court Days of the Counties of Prince Edward and Lunenburg was committed, that
the faid Committee had made feveral Amendments thereto ; which he read in his Place,
and then delivered the Bill with the Amendments in at the Table, where the Amend-
ments were again twice read, and agreed to by the Houfe.
Ordered, That the faid Bill with the Amendmentsbe engroffed, and read a third Time.
M"^ Attorney alfo reported that the Committee had had under their Confideration
divers Propofitions and Petitions from feveral Covmties to them referred, and had come
to feveral Refolutions thereon ; which he read in his Place, and then delivered in at the
Table, where they were again read, and are as follow:
Refolved, That the Petition of fundry Inhabitants of the County of King and Queen,
praying that a Town may be eftablifhed on the Lands of William Todd, at or near Todd's
Warehoufes, on Mattapony River, be rejedted.
Refolved, That the Petition of Betty Todd and William Todd, in Oppofition thereto,
is reafonable.
Refolved
%
« Hening, VII, p. 563. > Ibid., VII, p. 54Q. 3 Ibid., VII, p. 598. 4 Ibid., VII, p. 634.
[ 149 ]
Refolved, That the Petition of William Frafer, praying that he may be allowed to
keep up a Catifeway that he has raifed through the Marfh oppofite to his Lands where a
publick Ferry is eftablifhed over Mattapony River, at his own Expenfe, and that the
faid Caufeway may be eftablifhed the publick Landing Place over the faid Ferry, ought
to be referred to the Confideration of the next Seffion of Affembly.
97 The fir ft and fecond Refolutions being read a fecond Time were dif agreed to by the
Houfe.
Ordered, That a Bill or Bills be brought in purfuant to the faid Refolutions, and it
is referred to the Committee of Propofitions and Grievances to prepare and bring in the
fame.
A Meffage from the Council by M"" Walthoe.
That they have agreed to the Treaftirer's Accounts.
Alfo to the Bill, entitled, An Adl ■ to dock the Entail of certain Lands whereof Ralph
Wornteley, Efq ; is feized, and for fettling other Lands of greater Value to the fame Ufes.
Alfo to the Bill, entitled, An A<5t» to amend an Adt, entitled, An Adt for regulating
Ordinaries, and Reftraint of Tippling Houfes, without any Amendments.
Alfo to the Bill, entitled. An Adl^ for difpofing of the publick Stores of Gunpowder
in the Magazine in the City of Williamfburg, with an Amendment, to which they defire the
Concurrence of this Houfe.
The Houfe immediately proceeded to the Confideration of the Amendment propofed
by the Council to the faid Bill, and the fame being read was agreed to.
Ordered, That M"^ Attorney do go up with a Meffage to the Council, and acquaint
them that this Houfe have agreed to the Amendment by them propofed to the faid Bill.
M"^ Attorney, from the Committee of Propofitions and Grievances, reported that the
faid Committee had had vmder their Confideration divers Propofitions and Petitions
from the County of Elizabeth City to them referred, and had come to feveral Refolu-
tions thereon ; which he read in his Place, and then delivered in at the Table, where they
were again twice read, and agreed to by the Houfe, as follow:
Refolved, That the Petition of fvmdry Inhabitants of the Parifh of Elizabeth City,
in the faid County, complaining of illegal Proceedings of the Veftry of the faid Parifh,
and praying that the faid Veftry may be diffolved, be rejedled.
Refolved, That the Petition of fundry other Inhabitants of the faid County, praying
that they may be empowered to build a bridge over Back River, in the faid Coimty.
Alfo a Petition of limdry other Inhabitants of the faid County, in Oppolition thereto,
ought to be referred to the Confideration of the next Seffion of Affembly.
A Petition of Mann Page, Efq ; fetting forth that the Place where the Warehoufes
called Page's, on Pamunkey River, in the County of Hanover, ftands, is become a Place
of confiderable Trade and Commerce, and which would be much enlarged if a Town was
eftablifhed there; that he has laid off loo Acres of his Land there into Lots and Streets
for a Town ; and praying that an Adt may pafs for that Purpofe. was prefented to the
Houfe and read.
Ordered, That a Bill be brought in purfuant to the Prayer of the faid Petition, and
it is referred to M'' Pendleton to prepare and bring in the lame.
M.'^ Henry Lee prefented to the Houfe, according to Order, a Bill For paying the
Burgeffes Wages in Money for this prefent Seffion of Affembly ; and the fame was read
the firft Time, and ordered to be read a fecond Time.
The Order of the Day being read, the Houfe again refolved itfelf into a Committee
on the Bill For the better and more regular colle(5ting the publick Fees ; and after fome
98 Time fpent therein, M"" Speaker refumed the Chair, and M'' Attorney reported that the
Committee had had the faid Bill under their further Confideration, and made feveral
Amendments thereto, which they had dire(5led him to report to the Houfe ; and he read
the faid Amendments in his Place, and then delivered them in at the Table, where they
were again twice read, and agreed to by the Houfe.
Ordered
' Hening, VII, p. 628. ^ Ibid.. VII, p. 595. 3 Ibid., VII, p. 594.
[ I50 ]
Ordered, That the faid Bill with the Amendments be engroffed, and read the third
Time.
And then the Houfe adjourned until Tomorrow Morning ii "'Clock.
I5ue56aY. tl)e I4t^ of T>ecember. 3 (&co. Ill 1762.
MR Richard Henry Lee, from the Committee to whom the Bill To confirm and
eftablifh an Agreement made between James Scott the elder, Clerk, and
James Scott the younger, his Son, was committed, reported that the
Committee had examined into the Allegations of the faid Bill, and found
them to be true, but had made no Amendments thereto; and he delivered the Bill in
at the Table.
Ordered, That the faid Bill be engroffed, and read a third Time.
On a Motion made.
Ordered, That Leave be given to bring in a Bill To amend the Adl for the better Gov-
ernment of Ser\'ants and Slaves, and it is referred to M"" Cary to prepare and bring in the
fame.
On a Motion made.
Ordered, That Stephen Barron, the Ferry Keeper at Falmouth, be allowed the Sum
of £i<i for ferrying the Virginia Regiment, with their Baggage, &c. over Rappahannock
River on the 20**^ of September laft, and aKo for Ferriage of Officers and Soldiers at divers
other Times fince, as their various Occafions required, and for his Diligence therein.
The Order of the Day being read for the Houfe to refolve itfelf into a Committee on
the Bill For amending and further continuing the Adl for amending the Staple of Tobacco,
and preventing Frauds in his Majefty's Ctiftoms.
Ordered, That the feveral Petitions from fundry Counties relative thereto, and
ordered to lie on the Table, be referred to the Confideration of the faid Committee.
And then the Houfe refolved itfelf into a Committee on the faid Bill, and after fome
Time fpent therein, M"" Speaker refumed the Chair, and M"" Attorney reported that the
Committee had had the faid Bill under their further Confideration, but not having Time
to go through the fame they had diredled him to move for Leave to fit again.
Refolved, That this Houfe will again refolve itfelf in to the faid Committee Tomorrow.
M"" George Johnfon, from the Committee appointed, prefented to the Houfe, accord-
ing to Order, a Bill To empower Tenants in Taille to make Leafes for 3 lives, or 2 1 Years ;
and the fame was read the firft Time, and ordered to be read a fecond Time.
M"" Edmund Peyidleton, from the Committee appointed, prefented to the Houfe,
according to Order, a Bill To veft certain Lands therein mentioned in James Hubard,
and f ettUng other Lands and Slaves of greater Value in Lieu thereof ; and the fame was
read the firft Time, and ordered to be read a fecond Time.
M"" Cary, from the Committee appointed, prefented to the Houfe according to
Order, a Bill To amend the Adl for the better Government of Ser\'ants and Slaves ; and
the fame was read the firft Time, and ordered to be read a fecond Time.
And then the Houfe adjourned until Tomorrow Morning 11 "'Clock.
We6ne56aY» tl)e I5tl) of ^December. 3 (&eo. III. 1762.
A
w
New Member having taken the Oaths appointed to be taken by Adl of Parlia-
ment, inftead of the Oaths of Allegiance and Supremacy, and taken and
fubfcribed the Oath of Abjuration, and alfo fubfcribed the Teft, was admitted
to his Place in the Houfe.
On a Motion made,
Refolved
[i5i]
Refolved, That the Sum of £4so Sterling be paid by the Treafurer of this Colony, out
of the publick Money in his Hands, to the Govemours and Vifitors of William and Mary
College, to be applied by them towards purchafmg a proper Apparatus for the Inftruc-
tion of the Students of the faid College in Natural and Experimental Philofophy.
Ordered, That the faid Refolve be engroffed, and that M^ Bla^id do carry it up to
the Council for their Concurrence.
M"' Cary, from the Committee of Claims, reported that the Committee had had under
their Confideration a Letter from Colonel Adam Stephen to his Honour the Goveniour,
laid before the Houfe, and referred to the faid Committee, and had come to feveral Ref-
olutions thereon ; which he read in his Place, and then delivered in at the Table, where
they were again twice read, and agreed to, with an Amendment, as follow:
Refolved, That George Frazier ought to be allowed i2d. per Ration for the Troops
victualled by him to the 17*'' of June laft, the Time John Hawkins iffued Provifions to
the faid Troops imder his Appointment as Commiffary from his Honour the Govemour.
Refolved, That the Surgeon of the Regiment ought to be allowed a Month's Pay for
attending the Soldiers now in the Hofpital, and that the Commiffary be allowed his
Rations for the faid Soldiers.
Refolved, That the Sergeant and private Men ftationed at Redftone ought to be
allowed a Month's Pay, to enable them to march into the inhabited Parts of this Colony.
M'' Wythe, from the Committee appointed, prefented to the Houfe, according to
Order, a Bill For eftablifhing the Town of Hanover, in the County of Hanover, and the
fame was read the firft Time, and ordered to be read a fecond Time.
A Petition of Thomas Irwin, fetting forth that in the Year 1759 being appointed
by Colonel Byrd, with the Approbation of General Amherft, a Major of Brigade, he con-
tinued to adt in that Capacity for the Years 1760 and 17 61, when Colonel Byrd com-
manded on the Expedition againft the Cherokees: That he was at confiderable Expenfe
in providing his Equipage, and of great Ufe in forming the raw undifciplined Troops
deftined for that Service : That he alfo adted as Secretary to Colonel Byrd, and kept the
contingent Charges for the Publick: That he paid him for one Year >^ioo Sterling, and
offered to pay him for the Reft; but he refufedit, as the Petitioner was very certain Col-
onel Byrd had been at a much greater Expenfe than his Appointment would reimburf e :
And praying the Confideration of the Houfe therein, was prefented to the Houfe and
read ; and the Oueftion being that the faid Petition be referred to a Committee,
It paffed in the Negative.
Refolved, That the faid Petition be rejedted.
M'' Benjamin Harrifon, from the Committee of Trade, to whom the Bill For infpedting
Pork, Beef, Flower, Tar, Pitch and Turpentine, was committed, reported that the faid
Committee had made feveral Amendments thereto ; which he read in his Place, and then
delivered the Bill with the Amendments in at the Table, where the Amendments were
again twice read, and agreed to by the Houfe, with an Amendment.
Ordered, That the faid Bill with the Amendments be engroffed, and read a third
Time.
A Meffage from the Council was delivered by M"" Walthoe.
That they have agreed to the Bill, entitled. An A(5l ■ for encouraging Arts and Manu-
fadtures, with an Amendment, to which they defire the Concurrence of this Houfe.
Alfo to the Bill, entitled. An Adt' for Relief of infolvent Debtors, for the effectual
Difcovery and more equal Diftribution of their Eftates, without any Amendments.
The Order of the Day being read, the Houfe again refolved itfelf into a Committee
on the Bill For amending and further continuing the Adt for amending the Staple of
Tobacco, and preventing Frauds in his Majefty's Cuftoms ; and after fome Time fpent
therein, M'' Speaker refumed the Chair, and M"' Attorney reported that the Committee
had had the faid Bill under their further Confideration, but not having Time to go
through the fame they had diredted him to move for Leave to fit again.
Refolved
' Hening, VII, p. 288. ' Ibid., VII, p. 549.
[ 152 ]
Refolved, That this Houfe will again refolve itfelf into a Committee on the faid Bill
Tomorrow.
Aiid then the Houfe adjourned until Tomorrow Morning ii "'Clock.
X5i)\ivsba^. tl)e I6tl) of T)ecember. 3 (5eo. Ill 1762,
MR Benjamin Harrtfon, from the Committee of Trade, to whom the Bill For
eftablifhing Pilots, and regulating their Fees, was committed, reported
that the faid Committee had made feveral Amendments thereto; which
he read in his Place, and then delivered the Bill with the Amendments
in at the Table, where they were again twice read, and agreed to with fome Amendments.
Ordered, That the faid Bill, with the Amendments, as amended, be engroffed, and
read a third Time.
A Bill For eftablifhing the Town of Charlottefville, in the County of Albemarle, was
read the fecond Time.
Ordered, That the faid Bill be engroffed, and read a third Time.
A Bill For building a Bridge over the north Branch of James River, in the County
of Albemarle, was read the fecond Time, and committed to M'' Thomas Walker, M' Fry
and M'' John Pendleton.
A Memorial of the Officers who ferved in the old Virginia Regiment, in Favour of
James Duncan f on, fetting forth that in the Year 1755 he entered a Volunteer in that
Corps, where his good Behavior foon procured him a Pair of Colours, from which he was
promoted to a Lieutenancy, and behaved himfelf in thofe Appointments entirely to the
Satiffadlion of his Superiours and the Corps to which he belonged ; that he never figni-
fied any Intention of leaving the Sendee until the latter End of the Campaign 1758,
when he was difabled by a very dangerous Wound, occafioned by a Mufket Ball paffing
through his Throat, which he received at the Head of a fmall Detachment that was
ordered from Fort Ligonier, when that Poft was attacked by a formidable Body of the 101
Enemy, which occafioned the lofs of his Voice for a Time, and rendered him incapable
of ferving any longer his King and Country as a Soldier ; that in that Adlion he behaved
with great Intrepidity and Condudl, and for the Space of 4 years he continued in the
Regiment his well known Behaviour, his Services, and his Sufferings, fufficiently recom-
mended him to the Notice of the PubUck ; and praying fuch ReHef as this Houfe fhall
think fit, was prefented to the Houfe and read.
Ordered, That the faid Memorial be referred to M'' George Mercer, W Richard Henry
Lee and M"" Thomas Walker; that they examine into the Allegations thereof, and report
the fame, with their Opinion thereon, to the Hovife.
On a Motion made.
Ordered, nemine contradicente. That it be an Inftrudlion to the Committee who are
appointed to prepare an Addrefs to his Majefty, in Behalf of the Officers of the Virginia
Regiment, that M"" George Mercer be joined in the faid Addrefs.
The Order of the Day being read, the Houfe again refolved itfelf into a Committee
on the Bill For amending and further continuing the Adl for amending the Staple of
Tobacco, and preventing Frauds in his Majefty 's Cuftoms; and after fome Time fpent
therein, M^ Speaker refumed the Chair, and M'' Attorney reported that the Committee
had gone through the faid Bill, and made feveral Amendments thereto, but not having
Time to prepare and draw up the fame they had diredled him to move for Leave to fit
again.
Refolved. That this Houfe will again refolve itfelf into a Committee on the faid Bill
Tomorrow.
And then the Houfe adjourned until Tomorrow Morning 11 "'Clock.
TF^rl6a^
102
[ 153 ]
IFviba^, t^e I7l\) of T>ecember. 3 (Beo, III. 1762.
MR /IWorn^j', from the Committee of Propofitions and Grievances, prefented
to the Houfe, according to Order, a Bill For eftablifhing a Town on the Land
of at Todd's Warehoiifes, in the County of King and Queen;
and the fame being read the firft Time, and the Queftion put that the faid
Bill be read a fecond Time,
It paffed in the Negative.
Refolved, That the faid Bill be reje(5led.
M"" Attorney aKo reported that the faid Committee had had under their Confidera-
tion the Petition of Matthew Wat fan, praying that the real Eftate of one John Dudgeon,
in the Hands of his Heir at Law, may be fubjedled to indemnify the Petitioner from
feveral Judgments obtained againft him as Security of the faid John Dudgeon, who died
infolvent, and had come to the following Refolution thereon ; which he read in his Place,
and then delivered in at the Table, where it was again twice read, and agreed to by the
Houfe, as follows:
Refolved, That the faid Petition be rejedted.
A Petition of Jofeph Royle fetting forth that his Salary as Printer to this Houfe
will expire at the end of this Scffion of Affembly, and praying that the fame may be
further continued, was prefented to the Houfe and read.
Refolved, That the Simi of £350 per Annum be allowed to the faid Jofeph Royle,
Printer, to continue to the End of the next Seffion of Affembly, as a full Conlideration
for printing the Journals of the Houfe of Burgeffes, printing the the Laws of each Sef-
fion, and fending thirteen of them to every County Court Clerk, one of which to be half-
botmd for the Ufe of the Court, printing Infpedtors Notes and Books, Proclamations,
and other pub lick Advertifements.
Ordered, That the faid Refolve be engroffed, and that M'' Attorney do carry it up
to the Council for their Concurrence.
The Order of the Day being read, the Houfe again refolved itfelf into a Committee
on the Bill For amending and further continuing the Adl for amending the Staple of To-
bacco, and preventing Frauds in his Majefty's Cuftoms; and after fome Time fpent
therein, M"" Speaker refumed the Chair, and M"" Attorney reported that they had made
feveral Amendments to the faid Bill, which they had dire(5ted him to report to the Houfe ;
and he read the fame in his Place, and then delivered them in at the Table, where they
were again twice read, and agreed to by the Hovife.
Ordered, That the faid Bill with the Amendments be engroffed, and read a third
Time.
M'' Attorney alfo, from the fame Committee, reported that the faid Committee had
had tmder their Confideration the Petitions of fvmdry Infpedlors to them referred, pray-
ing an additional Recompenfe for their paft Services; and had come to a Refolution
thereon ; which he read in his Place, and then delivered in at the Table, where the fame
were again read, and agreed to, with fome Amendments, as follow :
Refolved, That the Infpedlors at the following Warehoufes fhall feverally be allowed,
for each of the Years 1761 and 1762, after the following Rates: At Littlepage's £$, at
Frederickfburg £10, at the Brick Houfe £$, at Hunting Creek ;£io, at Robert Boiling's
Warehoufe ;£2o, at Ofborne's £20, at Byrd's ;^io, at Blandford £1$, at Conftance's ;igio,
at Yeocomico and Ruffel's £^, at Matox and Machotax £io,Sit Page's and Crutchfield's
;i£io, at Gray's Creek £5, at John Boiling's ;£2o, at Wtconiico £$, at Merewether's £10,
at Warwick £10, at Acquia ;^io, at Falmouth and Dixon's £$, and at Quantico £1^, and
that Walter Scott, Infpedtor at Rocky Ridge, be allowed £1$, and Jofeph Stewart, Infpedtor
at Royfton's £^$, and Michael Robin fon, Infpedtor at the fame Place, £4$^ for their paft
Services.
Ordered, That it be an Inftrudtion to the Committee of Claims to make the feveral
Allowances in the Book of Claims, purfuant to the faid Refolutions.
A
[ 154]
A Meffage from the Council by M"" Walthoe.
That they have agreed to the Bill entitled, An AA ■ for eftablifhing the Town of Romney,
in the Coiinty of H amp f hire, and for other Purpofes therein mentioned.
Alfo to the Refolve For paying to the Governours and Vifitors of William and Mary
College the Sum of £450 Sterling, for the Ufes therein mentioned.
An engroffed Bill, entitled, An Adl^ for Infpedling Pork, Beef, Flower, Tar, Pitch
and Turpentine, was read the third Time, and the Blanks therein filled up.
Refolved, That the faid Bill do pafs.
Ordered, That M"" Harrifon do carry up the faid Bill to the Council for their Concur-
rence.
M^ Walker, from the Committee to whom the Bill For building a Bridge over the
north Branch of James River, in the Covmty of Albemarle, was committed, reported that
the faid Committee had made feveral Amendments to the faid Bill ; which he read in his
Place, and then delivered the Bill with the Amendments in at the Table, where they
were again twice read, and agreed to by the Houfe.
Ordered, That the faid Bill with the Amendments be engroffed, and read a third
Time.
M'' Mercer, from the Committee to whom the Memorial of James Duncanfon was
referred, reported that the faid Committee had had the fame under their Confideration,
and had agreed upon a Report, and come to a Refolution thereon ; which he read in his
Place, and then delivered in at the Table, where it was again twice read, and agreed to,
with an Amendment, as follows:
It appears to your Coinmittee that the Allegations of the faid Memorial are true.
Refolved, That the faid James Duncanfon ought to be allowed £40 a Year during
his Life.
Ordered, That the faid Refolve be engroffed, and that M"' George Mercer do carry
it up to the Council for their Concturence.
M"" Gary, from the Committee of Claims, reported that the faid Committee had had
under their Confideration feveral Claims to them referred, for the Pay and Expenfes
of the Militia of different Cotmties, for Provifions for the Indians that came to the Affift-
ance of this Colony, and for Damages done the Inhabitants thereof by the faid Indians,
and had agreed to a Report, and drawn up and ftated an Account and Schedule thereof;
which he read in his Place, and then delivered in at the Table, where the fame was
again read, and agreed to, with an Amendment.
Ordered, That M'' Gary do carry the fame to the Coimcil for their Concurrence.
The Houfe proceeded to the Confideration of the Amendment propofed by the
Council to the Bill, entitled. An Ad^ to amend the Ad for encouraging Arts and Manufac-
tures; and the fame being twice read, was agreed to.
Ordered, That M"' Wythe do go up with a Meffage to the Council, and acquaint them
that this Houfe have agreed to the Amendment by them propofed to the faid Bill.
A Bill To veft certain Lands therein mentioned in James Hiihard, and fettling other
Lands and Slaves of greater Value in Lieu thereof, was read the fecond Time, and com-
mitted to M'' Wythe, and the Members of King George, York and James Gity.
An engroffed Bill, entitled. An Ad* to amend the Ad, entitled. An Ad to oblige the
Owners of Mills, Hedges, or Stone Stops, on fundry Rivers therein mentioned, to make
Openings or Slopes therein for the Paffage of Fifh, and for other Purpofes therein men-
tioned, was read the third Time, and the Blanks therein filled up.
Refolved, That the faid Bill do pafs.
Ordered, That M"" Attorney do carry it up to the Council for their Concurrence.
An engroffed Bill, entitled. An Ad^ for further continuing and amending the Ad,
entitled, An Ad for the better regulating and colleding certain Officers Fees, and for other
Purpofes
• Hening, VII, p. 598. 3 Ibid., VII, p. 563. 4 Ibid., VII, p. 590 s Ibid.,VU. p. 645.
a Ibid., VII, p. 570.
103
104
[ 155 ]
Purpofes therein mentioned, was read the third Time, and the Blanks therein filled up ;
and the Queftion put that the faid Bill do pafs,
It paffed in the Negati\'e.
Refolved, That the faid Bill be rejedted.
Ordered, That the Chaplain attend to read Prayers every Morning at Nine °'Clock.
And then the Ho-ufe adjourned until Tomorrow Morning 1 1 ''Clock.
Satur6ar» t^e \S\\) of T)ecember, 3 (Beo, III 1762.
AN engroffed Bill, entitled, Ah /I ^' for eftablifhtng Pilots, and regulating their Fees,
was read the third Time, and the Blanks therein filled up.
Refolved, That the faid Bill do pafs.
Ordered, That M"" Bradley do carry the faid Bill to the Council for their
Concurrence.
An engroffed Bill, entitled, An Ad' for amendivig and further continuing the A6t for
amending the Staple of Tobacco, and preventing Frauds in his Majefty's Cuftoms, was
read the third Time, and the Blanks therein filled up,
Refolved, That the faid Bill do pafs.
Ordered, That M"" Attorney do carry up the faid Bill to the Council for their Con-
currence.
An engroffed Bill, entitled, An Ad^ for eftahlifhing the Town 0/ Charlottefville, *n
the County of Albemarle, was read the third Time, and the Blanks therein filled up.
Refolved, That the faid Bill do pafs.
Ordered, That M"" Thomas Walker do carry up the faid Bill to the Council for their
Concurrence.
An engroffed Bill, entitled. An Ad* for altering the Court Days of the Counties of
Prince Edward and Lunenburg, was read the third Time, and the Blanks therein filled up.
Refolved, That the faid Bill do pafs.
Ordered, That M'' Read do carry up the faid Bill to the Council for their Concurrence.
An engroffed Bill, entitled. An Ad^ to confirm and eftablifh an Agreement made
between James Scott the elder, and James Scott the younger, his Son, was read the third
Time.
Refolved, That the faid Bill do pafs.
Ordered, That M'' Richard Henry Lee do carry up the faid Bill to the Council for
their Concurrence.
A Bill For regulating the Gold Coin of the German Empire was read a fecond Time.
Ordered, That the faid Bill be engroffed, and read a third Time.
A Bill For enlarging the Town of Peterfburg, and for other Purpofes therein men-
tioned, was read the fecond Time.
Ordered, That the faid Bill be engroffed and read a third Time.
An engroffed Bill, entitled. An Ad'' for building a Bridge over the north Branch of
James River, in the County of Albemarle, was read the third Time, and the Blanks therein
filled up.
Refolved, That the faid Bill do pafs.
Ordered, That M' Thomas Walker do carry up the faid Bill to the Council for their
Concurrence.
An engroffed Bill, entitled, An Ad7 for regulating the Gold Coin of the German
Empire, was read the third Time.
Refolved, That the faid Bill do pafs.
Ordered, That M'' Attorney do carry the faid Bill to the Council for their Concurrence.
Ordered, That M' Walker have Leave to be abfent the Remainder of this Seffion.
A
• Hening, VII, p. 580. J Ihid., VII, p. 597. s Ibid., VII, p. 630. ^ Ibid., VII, p. 575.
» Ibid., VII, p. 580. ♦ Ibid., VII, p. 622. * Ibid., VII, p. 623.
[ 156]
A Bill For the better and more regularly coUetfling his Majefty's Qmtrents, and the
publick Taxes, was read the fecond Time, and committed to a Committee of the whole
Houfe on Monday next.
A Bill For adding the Parifh of Cameron to the Parifh of Truro was read the fecond
Time.
Ordered, That the faid Bill be engroffed, and read a third Time.
A Bill For eftablifhing feveral new Ferries was read the fecond Time, and committed
to M"" Legrand, M'' Read and M^ Mercer.
An engroffed Bill, entitled, An Ad' for adding Part of the Parifh of Cameron to
the Parifh of Truro, was read the third Time, and the Blanks therein filled up.
Refolved, That the faid Bill do pafs.
Ordered, That M' George Johnfon do carry up the faid Bill to the Council for their
Concurrence.
The Houfe proceeded to the Confideration of the Book of Claims, prefented to the
Houfe on Saturday laft, and ordered to lie on the Table ; and the fame was read, and
agreed to by the Houfe.
Ordered, That M"" Cary do carry up the faid Book of Claims to the Coimcil for their
Concurrence.
M"" Wythe reported that the Committee to whom the Bill To veft certain Lands
therein mentioned in James Hubard, and fettling other Lands and Slaves of greater
Value in Lieu thereof, was committed, had examined into the Allegations thereof, and
found them to be true, and had made feveral Amendments thereto ; which he read in
his Place, and then delivered the Bill with the Amendments in at the Table, where the
Amendments were again twice read, and agreed to by the Houfe.
Ordered, That the faid Bill with the Amendments be engroffed, and read a third
Time.
A Meffage from the Council was delivered by M"" Walthoe.
That they have agreed to the Bill, entitled, An Adl» for eftablifhing Pilots, and regu-
lating their Fees.
Alfo to the Bill, entitled, An Adl^ for regulating the Gold Coin of the German Empire.
Alfo to the Bill, entitled, An A6t* to amend the Adl, entitled, An Adl to oblige the
Owners of Mills, Hedges, or Stone Stops, on fundry Rivers therein mentioned, to make
Openings or Slopes therein for the Paffage of Fifh, and for other Purpofes therein men-
tioned.
Alfo to the Bill, entitled. An Adl' for eftabhfhing the Town of Charlotte fmlle, in the
County of Albemarle.
Alfo to the Bill, entitled. An Adt* for alteringthe Court Days of the Coimties of Prince
Edward and Lunenburg.
Alfo to the Bill, entitled. An A&.7 for infpedting Pork, Beef, Flower, Tar, Pitch and
Turpentine, with an Amendment, to ivhich they defire the Concurrence of this Houfe.
The Houfe immediately proceeded to the Confideration of the faid Amendment;
and the fame being twice read, was dif agreed to.
Ordered, That M'' Bradley do go up with a Meffage to the Council, and acquaint
them that this Houfe have dif agreed to their Amendment.
Ordered, That a Committee be appointed to examine the enrolled Bills of the follow-
ing Perfons, viz. M'' Fleming, M"' Henry Lee, M»' William Cabbel, M^ James Mercer, M""
John Pendleton and M'' Bland the younger.
A Bill To empower the Veftry of the Parifli of Briiton to fell certain Lots in the
City of Wtlliamfburg, for the Purpofes therein mentioned, was read the fecond Time.
Ordered, That the faid Bill be engroffed, and read a third Time.
A Bill For eftablifhing the Town of Hanover, in the Coiinty of Hanover, was read
the fecond Time.
Ordered
■ Hening, VII, p. 612. 3 Ibid., VII, p. 575. 5 Ibid., Vll, p. 597. - Ibid., VII, p. 570.
' Ibid.. VII p, 580. 4 Ibid.. VII, p. 590. «■ Ibid., VII, p. 622.
105
106
[ 157 ]
Ordered, That the £aid Bill be engroffed, and read a third Time.
A Bill For eftablifhing quarterly Courts in the feveral Counties of this Colony was
read the fecond Time, and committed to a Committee of the whole Houfe on Monday
next.
An engroffed Bill, entitled, Ati Ad' to empower the Veftry of the Pari fh of Bruton to
fell certain Lots in the City of Williamfburg, for the Purpofes therein mentioned, was read
the third Time.
Refolved, That the faid Bill do pafs.
Ordered, That M"" Attorney do carry the faid Bill to the Council for their Concurrence.
A Bill To amend the Adl for the better Government of Ser\'ants and Slaves was
read the fecond Time, and committed to M' Gary and M'' Fleming.
A Bill For amending and further continuing the A(5l for the better regulating and
difciplining the Militia was read the fecond Time, and committed to the Committee of
Propofitions and Grievances.
A Bill For further continuing the Adl for reducing the feveral Adts for making Provi-
fion againft Invafions and Infurredtions into one Adl was read the fecond Time.
Ordered, That the faid Bill be engroffed, and read a third Time.
A Bill To amend the Adt, entitled, An Ad' for preventing exceffive and deceitful
Gaming, was read the fecond Time, and committed to a Committee of the whole Houfe
on Friday next.
A Meffage from the Council was delivered by M"" Walthoe.
That they have agreed to the Book of Claims and Schedule; and that they infift on
their Amendment made to the Bill, entitled An Adt^ for infpedting Pork, Beef, Flower, Tar,
Pitch and Turpentine.
That they have agreed to the Bill, entitled, An Adt* for amending and further continu-
ing the Adt for amending the Staple of Tobacco, and preventing Frauds in his Majefty's
Cuftoms, with an Amendment, to which they defire the Goncurrence of this Houfe.
Alfo to the Bill, entitled. An Adt' for adding Part of the Parifh of Gameron to the
Parifh of Truro.
Alfo to the Bill, entitled, An Adl^ to empower the Veftry of the Parifh of Bruton to
fell certain Lots in the City of Williamfburg, for the Purpofes therein mentioned.
Alfo to the Bill, entitled, An Adt^ for building a Bridge over the north Branch of
James River, in the County of Albemarle, ivithout any Amendments.
Ordered, That M"" Gary do wait on his Honour the Govemour with the Book of Claims
and Schedule, and defire his Affent thereto.
Ordered, That M'' Bradley do go up to the Council, and acquaint them that this Houfe
infift on their Difagreement to the Amendment by them made to the Bill For infpedting
Pork, Beef, Flower, Tar, Pitch and Turpentine, and that they defire they will pafs the
faid Bill without the Amendment.
The Houfe took into their Confideration the Amendment propofed by the Council
to the Bill For amending and further continuing the Adt for amending the Staple of
Tobacco, and preventing Frauds in his Majefty's Cuftoms; and the fame being twice
read, was agreed to by the Hovxfe.
Ordered, That M'' Attorney do go up to the Coimcil, and acquaint them therewith.
Ordered, That a Committee be appointed to proportion the publick Levy, and that
it confift of the following Perfons, viz. M' Gary, W Thomas Walker, M"" Read, M"" Upfhaw,
M'' Wager and M"" George Mercer.
And then the Houfe adjourned until Monday Morning lo °'Glock.
yttonba^
« Hening, VII, p. 607. 3 Ibid., VII, p. 570. s Ibid., VII, p. 612. 7 Ibid., VII, p. 622.
=" Ibid.. VII, p. 214. 4 Ibid., VII, p. 530. & Ibid., VII, p. 607.
[ 158]
MlondttY. t^e 20tl) of TDecember, 3 <Beo. Ill 1762.
AN engroffed 5///, entitled, An Ad' to veft certain Lands therein mentionedin James
Hubard, and fettling other Lands and Slaves of greater Value in Lieu thereof, was
read the third Time.
Refolved, That the faid Bill do pafs.
Ordered, That M-" Wythe do carry up the faid Bill to the Council for their Concurrence.
M-- Gary reported that the Committee appointed had. according to Order, fettled
the Proportion of the Country Levy, and itated the fame in a Book ; which he delivered
in at the Table, where it was read, and agreed to by the Houfe.
Ordered, That M'' Gary do carry up the faid Bill to the Council for their Concurrence.
An engroffed Bill, entitled, An Ad' for eftablifhing the Town of Hanover, in theGoimty
of Hanover, was read the third Time, and the Blanks therein filled up.
Refolved, That the faid Bill do pafs.
Ordered, That M"" Wythe do carry up the faid Bill to the Council for their Concurrence.
An engroffed Bill, entitled. An Ad^ for further continuing the Ad for reducing the
feveral Ads for making Provifion again ft Invafions and Infurredions into one Ad, was read
the third Time, and the Blanks therein filled up.
Ordered, That M"" Attorney do carry up the faid Bill to the Council for their Con-
currence.
M' Attorney, from the Committee of Propofitions and Grievances, to whom the Bill
For amending and further continuing the Adt for the better regulating and difciplining
the Militia was committed, reported that the Committee had made feveral Amendments
thereto; which he read in his Place, and then delivered the Bill with the Amendments
in at the Table, where the faid Amendments were again twice read, and agreed to by
the Houfe.
Ordered, That the Bill with the Amendments be engroffed, and read a third Time.
An engroffed Bill, entitled. An Ad'^ for enlarging the Town of Peteriburg, and for
other Purpofes therein mentioned, was read a third Time, and the Blanks therein filled up.
Refolved, That the faid Bill do pafs.
Ordered, That M"" Fleming do carry up the faid Bill to the Council for their Con-
currence.
M' Legrand, from the Committee to whom the Bill For eftablifhing feveral new
Ferries was committed, reported that the faid Committee had made feveral Amendments
thereto ; which he read in his Place, and then delivered the Bill with the Amendments
in at the Table, where they were again twice read, and agreed to by the Houfe.
Ordered, That the faid Bill with the Amendments be engroffed, and read a third
Time.
The Order of the Day being read, the Houfe refolved itfelf into a Committee on the
Bill For the better and more regular colledting the pubHck Taxes ; and after fome Time
fpent therein, M' Speaker refumed the Chair, and M"" Attorney reported that the faid
Committee had had the faid Bill under their Confideration, and made feveral Amend-
ments thereto, which they had directed him to report to the Houfe; and he read the
faid Amendments in his Place, and then delivered them in at the Table, where they were
again twice read, and agreed to by the Houfe.
Ordered, That the faid Bill with the Amendments be engroffed, and read a third
Time.
A Meffage from the Council was delivered by M^ Walthoe.
That they liave agreed to the Book of Proportions.
That they recede from the Amendment by them made to the Bill, entitled, An Adls for
infpedling Pork, Beef, Flower, Tar, Pitch and Turpentine, which was difagreed to by
this Houfe, and have paffed the Bill without.
That
• Hening, VII, p. 636. 3 Ibid., VII, p. 539. s IhiJ.. VII, p. 570.
' Ibid., VII, p. 601. •♦ Ibid., VII, p. 602.
108
[ 159]
That tluy have agreed to the Bill, entitled, An Adt ' oconfirm and eftablifli an Agree-
ment made between James Scott the elder, Clerk, and James Scott, the younger, his Son.
Alfo to the Bill, entitled. An Adl' for enlarging the Town of Peter f burg, and for other
Purpofes therein mentioned.
Alfo to the Bill, entitled. An Adt^ for further continuing the Adl for reducing the
everal Adts for making Provifion againft Invafions and Infurredlions into one Adl.
Alfo to the Bill, entitled, An Adt-* for eftablifhing the Town oi Hanover, in the County
of Hanover.
And that they have agreed to tlte Refolve of this Houfe for allowing Jofeph Royle,
Prints, £jjO for tlw Services therein mentioned.
Alfo to the Refolve of this Houfe for granting to James Duncanfon £40 a Year during
his Life, for his Services to his Country.
On a Motion made.
Ordered, That Leave be given to bring in a Bill For raifing a pubHck Levy, and it is
referred to M'' Cary to prepare and bring in the fame.
M' Cary prefented to the Houfe, according to Order, a Bill For raifing a publick Levy ;
and the fame was read the firft Time, and ordered to be read a fecond Time.
The Order of the Day being read, the Houfe refolved itfelf into a Committee on the
Bill For eftablifliing quarterly Courts in the feveral Covinties of this Colony ; and after
fome Time fpent therein, M"" Speaker refumed the Chair, and M'' Attorney reported that
they had gone through the faid Bill, but had made no Amendments thereto ; and the
Queftion being put that the faid Bill be engroffed.
It paffed in the Negative.
Refolved, That the faid Bill be rejedted.
M'' Cary, from the Committee to whom the Bill To amend the Adl for the better Gov-
ernment of Servants and Slaves was committed, reported that the Committee had made
feveral Amendments thereto; which he read in his Place, and then delivered the Bill
with the Amendments in at the Table, where they were again twice read, and agreed to
by the Hotofe.
Ordered, That the faid Bill be engroffed, and read a third Time.
On a Motion made,
Ordered, That M"" Charles Carter, Junior, be added to the Committee appointed to
prepare an Addrefs to his Majefty.
A Bill For paying the Burgeffes ^^'ages in Money for this prefent Seffion of Affembly
was read the fecond Time, and committed to M"" Cary and M'' Fletning.
An engroffed Bill, entitled. An Ad^ for eftablifhing feveral neiv Ferries, was read the
third Time.
Refolved, That the faid Bill do pafs.
Ordered, That M"" Attorney do carn^ up the faid Bill to the Council for their Concur-
rence.
A Bill For raifmg a publick Levy was read the fecond Time.
Ordered, That the faid Bill be engroffed, and read a third Time.
And then the Houfe adjourned until Tomorrow Morning 10 "'Clock.
Oues6aY. tl)e 2l5t of T)ec(imbcr. 3 (&eo. III 1762
ON a Motion made,
/^<?/bfo£'c?, That the Committee of Correfpondence be diredled to write to
the Agent, and defire that he will Ufe his Endeavours to obtain an Adl
of Parliament for importing Salt from Europe into this Colony.
Ordered, That the faid Refolve be engroffed, and that M"" Benjamin Harrifoti do
carry it up to the Council for their Concurrence.
An
• Hening, VII, p. 630. 3 Ibid., VII, p. 539. 5 Ibid., VII, p. 588.
• Ibid.. VII, p. 602. 4 Ibid., VII, p. 601.
[ i6o]
An engroffed Bill, entitled, An Ad' to amend the Ad for the better Government of Ser-
vants and Slaves, was read the third Time, and the Blanks therein filled up; and the
Queftion being put that the faid Bill do pafs,
It paffed in the Negative.
Refolved, That the faid Bill be rejedled.
An engroffed Bill, entitled, Afi Ad' for amending and further conttnuing the Ad for
the better regtdating and difciplining the Militia, was read the third Time.
Refolved, That the faid Bill do pafs.
Ordered, That M"" Attorney do carry the faid Bill to the Council for their Concurrence.
M' Gary, from the Committee to whom the Bill For paying the Burgeffes Wages in
Money for this prefent Seffion of Affembly, was committed, reported that the Committee
had made feveral Amendments thereto ; which he read in his Place, and then delivered
the Bill with the Amendments in at the Table, where they were again twice read, and
agreed to by the Houfe.
Ordered, That the faid Bill with the Amendments be engroffed, and read the third
Time.
An engroffed Bill, entitled, An Ad^ for raifing a pttblick Levy, was read the third Time
and the Blanks therein filled up.
Refolved, That the faid Bill do pafs.
Ordered, That M"' Gary do carry up the faid Bill to the Council for their Conciurence.
An engroffed Bill, entitled, An Ad* for the better and more regular colleding the pub-
lick Taxes, was read the third Time, and the Blanks therein filled up.
Refolved, That the faid Bill do pafs.
Ordered, That M'' Bland do carry up the faid Bill to the Council for their Concurrence.
An engroffed Bill, entitled. An Ad^ for paying the Burgeffes Wages in Money for this
prefent Seffion of Affembly, was read the third Time.
Refolved, That the faid Bill do pafs.
Ordered, That M"' Gary do carry it up to the Council for their Concurrence.
M' Attorney reported that the Committee appointed had, according to Order, pre-
pared an Addrefs to his Majefty, which he read in his Place, and then delivered in at the
Table, where the fame was again twice read, and agreed to.
Ordered, That the Committee of Correfpondence be dire<5led to tranfmit it to the
Agent, to be prefented to his Majefty.
M' Attorney alio reported that the faid Committee had, according to Order, prepar-
ed an Addrefs to his Majefty in Favour of the Officers of the Virginia Regiment; which
he read in his Place, and then delivered in at the Table, where the fame was again read,
and agreed to, v/ith fome Amendments.
Ordered, That the Committee of Correfpondence be diredled to tranfmit the faid Ad-
drefs to the Agent, to be prefented to his Majefty, together with a Lift of the Names
of the Officers.
A Bill To empower Garter Henry Harrifon, Gentleman, to build a Mill on Willis's
Creek, in the County of Gumberland, was read a fecond Time.
Ordered, That the faid Bill be engroffed, and read a third Time.
A Bill To empower Tenants in Taille to make Leafes for 3 Lives, or 2 1 Years, was
read the fecond Time, and committed to M"" Benjamin Harrifon, M'' George and James
Mercer, M'' Attorney, M'' Bland and M"" Wythe.
A Bill To amend the feveral Adls of this Colony for licenfing Pedlars, and preventing
Frauds in the Duties on Skins and Furs, was read the fecond Time.
Ordered, That the faid Bill be engroffed, and read a third Time.
A Bill to relieve fundry Perfons whofe Lands have been injured, by cutting down
their Timber to build Fort Loudoun, was read the fecond Time.
Ordered, That the faid Bill be engroffed, and read a third Time.
A
no
' Failed to become a law. 3 IbuL, VII, p. 543. . s Ibid., VII, p. 596.
» Hening. VII, p. 534. * Ibid., VII, p. 539.
[ i6i ]
A Bill To empower the refpedlive Vef tries of the Parifhes of St. Andrew, in the
Covinty of Brunfwick, and Frederick, in the County of Frederick, to fell their Glebe Lands,
was read a fecond Time.
Ordered, That the faid Bill be engroffed, and read a third Time.
A Bill To repeal an Adt made in the 22'' Year of his late Majefty's Reign, entitled,
An Ad' concerning Strays, and to eftablifh more effedtual Method to prevent frauds
committed by perfons taking up strays, was read a fecond time.
Ordered, That the faid Bill be engroffed, and read a third Time.
A Bill declaring Slaves to be perfonal Eftate, and for other Purpofes therein men-
tioned, was read the fecond time.
Ordered, That the faid Bill be engroffed, and read the third Time.
A Meffage from the Council was delivered by M' Walthoe.
That they have agreed to the Bill, entitled, An Adt' to veft certain Lands therein men-
tioned in James Hubard, and fettling other Lands and Slaves of greater Value in Lieu
thereof.
Alfo to the Bill, entitled, An Adl^ for eftablifhing feveral new Ferries.
Alfo to the Bill, entitled. An Adt-* for amending and further continuing the Adt for
the better regulating and difciplining the Militia.
Alfo to the Bill, entitled. An Adls for the better and more regular colledling the pub-
lick Taxes, with fame Amendments.
Alfo to the Bill, entitled, An Adt^ for the Payment of the Burgeffes Wages in Money
for this prefent Seffion of Aflembly.
Ill Alfo to the Bill, entitled. An Adt7 for raifing a publick Levy.
Alfo to the Bill, entitled. An Adt* to dock the Entail of certain Lands whereof , Henry
Scarhurgh is feized in Fee Simple, and for other Purpofes therein mentioned, without
any Amendments .
And that they have agreed to the Refolve of this Houfe relative to the Importation of
Salt from Europe into this Colony.
The Houfe immediately proceeded to confider the Amendments propofed by the
Council to the Bill, entitled, An Ad'> to veft certain Lands therein mentioned in James
Hubard, and fettling other Lands and Slaves of greater Value in Lieu thereof; and the
fame being read, was agreed to.
Ordered, That M'' Wythe do go up to the Council, and acquaint them thereof.
The Houfe aKo conlidered the Amendments propofed by the Council to the Bill,
entitled, An Ad '° for eftablifhing feveral new Ferries; and the fame being read, was agreed
to.
Ordered, That M"' Attorney do go up to the Council, and acquaint them thereof.
The Houfe alfo confidered the Amendment propofed by the Council to the Bill,
entitled, An Ad '^^ for amending and further continuing the Ad for the better regulating and
dtfciplining the Militia; and the fame being read, was agreed to, with Amendments.
Ordered, That M"" Attorney do go up with a Meffage to the Council, and acquaint
them that this Houfe have made fome Amendments by them propofed to the faid Bill,
to which they deiire their Concurrence.
The Houfe alfo took into Conlideration the Amendments propofed by the Covmcil
to the Bill, entitled, A « Ad'^ for the better and more regular colleding the publick Taxes;
and the fame being read, was agreed to.
Ordered, That M"' Bland do go up to the Council, and acquaint them thereof.
And then the Houfe adjourned until Tomorrow Morning 10 "'Clock.
Wednesday
> Hening, VI, p. 133. 4 Ibid., VII, p. 534. i Ibid., VII, p. 543. 'o Ibid., VII, p. 588,
> Ibid., VII, p. 636. 5 Ibid., VII, p. 539. 8 Ibid., VII, p. 634. " Ibid., VII, p. 534.
3 Ibid., VII, p. 588. 6 Ibid., VII, p. 596. 0 Ibid., VII, p. 636. " Ibid., VII, p. 539.
[ I62 ]
We6ne56aY. t^e 22n6 of TDeccmber, 3 <5(io. Ill 1762.
MR Benjamin Harrifon, from the Committee to whom the Bill To empower
Tenants in Taille to make Leafes for 3 Lives, or 21 Years, was referred,
reported that the faid Committee had made feveral Amendments to the
faid Bill; which he read in his Place, and then delivered the Bill with the
Amendments in at the Table, where the Amendments were again twice read, and agreed
to ; and the Queftion being put that the faid Bill, with the Amendments, be engroffed,
and read a third Time,
It paffed in the Negative.
Refolved, That the faid Bill be rejedled.
An engroffed Bill, entitled. An Ad' to repeal an Ad made in the 22^ Year of his late
Majefty's Reign , entitled, An Ad concerning Strays, and to eftablifh a more effedual Method
to prevent Frauds committed by Perfmis taking up Strays, was read the third Time, and
the Blanks therein filled up.
Refolved, That the Bill do pafs.
Ordered, That W Attorney do carry up the faid Bill to the Council for their Concur-
rence.
An engroffed Bill, entitled. An Ad' to empower Carter Henry Harrifon, G^^n/Z^man,
to build a Mill on Willis's Creek, in the County of Cumberland, was read the third Time,
and the Blanks therein filled up.
Refolved, That the faid Bill do pafs. ni
Ordered, That M"^ Attorney do carry the faid Bill to the Council for their Concurrence.
An engroffed Bill, entitled, An Ad^ declaring Slaves to be perfonal Eftate, and for
other Purpofes therein mentioned, was read the third Time.
Refolved, That the faid Bill do pafs.
Ordered, That M'' Attorney do carry up the faid Bill to the Council for their Concur-
rence.
An engroffed Bill, entitled. An Ad* to amend the feveral Ads of Affembly of this Col-
ony for licenfing Pedlars, and preventing Frauds in the Duties on Skins and Furs, was read
the third Time, and the Blanks therein filled up.
Refolved, That the faid Bill do pafs.
Ordered, That M"^ Benjamin Harrifon do carry up the faid Bill to the Council for
their Concurrence.
An engroffed Bill, entitled. An Ad^ to relieve fundry Per fans ivhofe lands have been
injured by cutting down their Timber to build Fort Loudoun, was read a third Time, and
the Blanks therein filled up.
Refolved, That the faid Bill do pafs.
Ordered, That M"" George Mercer do carry up the faid Bill to the Council for their
Concurrence.
An engroffed Bill, entitled, An Ad^ to empower the refpedive Veftries of the Parifhes
of St. Andrew, in the Comity of Brunfwick, and Frederick, in the County of Frederick,
to fell their Glebe Lands, was read the third Time.
Refolved, That the faid Bill do pafs.
Ordered, That M"" Bland do carry up the faid Bill to the Council for their Concurrence.
M'' Speaker informed the Houfe he had juft received a Letter from Colonel Stephen,
returning Thanks, with the Officers of the late Regiment, for the Favours received from
this Houfe ; and he delivered it in at the Table, where it was read, and is as follows :
Sir.
W Rutherford favoured me with the agreeable Information of the very handfome Man-
ner in which the Affembly has been plea fed to acknowledge the Services of the late Regiment,
and of the extreme genteel Gratuity voted to the Officers: This has impreffed their Hearts
with indelible Marks of the moft genuine Gratitude, and they unite with me in begging you
will
' Hening, VII, p. 545. 3 Not in Hening. s Not in Hening.
» Ibid., VII, p. 626. 4 Hening, VII. p. 585. * Hening, VII, p. 617.
113
[ i63 ]
will be pleafed to return our moft unfeigned Thanks to that auguft Body, whofe Gener-
ofity to us can only be equalled by the polite Manner in which their repeated Favour were
conferred.
We beg leave, Sir, to affure you, and the refpedable Gentlemen of the Haufe, that no
Diftances of Time can ever efface or diminifh the high Senfe we entertain of your Goodnefs;
to merit which will be an invariable Objed of our Care and Ambition: This, in Cafe of
any future Commotions, we will cherfully evince, by the moft fpirited Exertion of our beft
Endeavours to maintain the Honour and Safety of the Colony, which we have fo long had
the Honour to ferve.
Permit me. Sir, to fubfcribe myfelf, in the Name of the Corps, with the moft perfed
Deference, Sir,
Your moft obliged a>id moft
Humble Servant,
Frederickfburg, ADAM STEPHEN.
Dec. JO, iy62.
A Meffage from the Council by M"' Walthoe.
That they have agreed to the Amendments made by this Houfe to their Amendments
to the Bill, entitled. An Adl ■ for amending and further continuing the Adl for the better
regulating and difciplining the Militia.
Alfo to the Bill, entitled , An Adl» to empower the refpedlive Vef tries of the Parifhes
of St. Andrew, in the Coimty of Brunfwick, and Frederick, in the County of Frederick,
to fell their Glebe Lands.
Alfo to the Bill, entitled. An Adls declaring Slaves to be perfonal Eftate, and for other
Purpofes therein mentioned.
Alfo to the Bill, entitled. An Adt-* to repeal an Adl made in the 22** Year of his late
Majefty's Reign, entitled. An Adl concerning Strays, and to eftablifh a more efifedlual
Method to prevent Frauds committed by Perfons taking up Strays.
Alfo to the Bill, entitled. An Adts to empower Carter Henry Harrifon, Gentleman,
to build a Mill on Willir's Creek, in the County of Cumberland.
Alfo to the Bill, entitled. An Adl* to amend the f everal Adls of Affembly of this Colony
for licenfmg Pedlars, and preventing Frauds in the Duties on Skins and Furs.
And then the Houfe adjourned until Tomorrow Morning 10 "'Clock.
Z5burs6ap. t^e 23r6 of T>ecember. 3 <&eo. III. 1762.
A Petition of Michael M'Carty, James Athertmi, Thomas Jones, Sen. Thcmms
Jones, Jim. John Connelly, John Davis, Stephen Fofter, Bryan, William
Shae, John Peal, Thomas Buckmafter and John Archer, felting forth that
they have been fome Time employed as Guardmen over the Magazine in
the City of Williamfburg, and hope they have difcharged their Duty faithfully, during
all which Time they were exempt from muftering with the Militia, or finding Arms, but
now being difconlinued are obliged to enlift in the Militia, and find proper Arms; that
they are very poor Men, and not able to fpare fo much from the Maintenance of their
refpedlive Families as will purchafe fuitable Arms for muftering ; and praying that they
may be permitted to keep the Arms they made Ufe of when they guarded the Magazine,
which they promife fhall be always ready for the Service of their King and Covmtry,
whenever Occafion may require, was prefented to the Houfe and read ; and the Queftion
being put that the faid Petition be referred to a Committee,
It paffed in the Negative.
Refolved, That the faid Bill be rejedled.
On a Motion made,
Refolved
' Hening, VII, p. 534. 3 Not in Hening. 5 lbid.,V\\,-p. 626.
» Ibid., VII, p. 617. * Hening, VII, p. 545. « Ihid., VII, p. 585.
[ i64 ]
Refolved, That the Speaker be diredted, when the Houfe fhall be commanded by
the Govemour to attend him with the enrolled Bills for his Affent, to defire his Honotir
will be pleafed not to lay an Embargo on Com.
M"^ Fleming reported that the Committee appointed had, according to Order,
examined the enrolled Bills and Refolves, and redified fuch Miftakes as were found
therein ; and that they were truly enrolled.
Ordered, That M'' Fleming do carry them up to the Council, for their Infpedtion.
A Meffage from the Council by M"" Walthoe.
That they have infpeded the enrolled Bills and Refolves, and are fatiffied they are
truly enrolled.
A Meffage from the Council by M"- Walthoe. U4
M' Speaker,
" The Govemour commands the immediate Attendance of your Houfe tn the Council
Chamber, and that you bring with you fuch Bills and Refolves as are ready for his Affent. "
W Speaker with the Houfe went up accordingly, and his Honour the Govemovir
was pleafed to give his Affent to the following publick and private Bills :
1. An Ad' for direding and better regidating the Eledions of Burgeffes, for fettling
their Privileges, and for afcertaining their Allowances .
2. ''For further amending and further continuing the Ad for amending the Staple of
Tobacco, and preventing Frauds in his Majefty's Cuftonts.
J. ^For amending and further continuing the Ad for the better regulating and difciplin-
ing the Militia.
4. *For further conttnmng the Ad for reducing the feveral Ads for making Provifions
again ft Invafions and Infurredions into one Ad.
5. ^For the better and more regular colleding the publick Taxes.
6. ^For raifing a publick Levy.
7. 7 7^0 repeal an Ad made in the 22'' Year of his late Majefty's Reign, entitled, An Ad
concerning Strays, and to eftablifh a more effedual Method to prevent Frauds committed
by Perfons taking up Strays.
8. ^For Relief of infolvent Debtors, for the effedual Difcovery and more equal Diftri-
bution of their Eftates.
Q. 9 To amend the Ad for encouraging Arts and Manufadures.
10. ' °For infpeding Pork, Beef, Flower, Tar, Pitch and Turpentine.
11. • 'For regulating the Gold Coin of the German Empire.
12. "For the more effedual keeping the publick Roads and Bridges in Repair.
I J. ' >For eftablifhing Pilots, and regulating their Fees.
14. '*To amend the feveral Ads of Affembly of this Colony for licenfing Pedlars, and
preventing Frauds in the Duties on Skins and Furs.
75. ' ^For eftablifhing feveral new Ferries.
16. ' * To amend the Ad entitled. An Ad to oblige the Owners of Mills, Hedges, or Stone
Stops, an fundry Rivers therein mentioned to make Openings or Slopes therein for the
Paffage of Fifh, and for other Purpofes therein mentioned.
77. ' 7For difpofing of the publtck Stores of Gunpowder in the Magazine in the City of
Williamfburg.
18. '^To amend an Ad, entitled. An Ad for regulating Ordinaries, and Reftraint of
Tippling Houfes.
ig. '9 For eftablifhing the Town of Charlotte fvi lie, in the County of Albemarle.
20. ' ° For eftablifhing the Town of Romney, in the County of Hampfhire, aitd for other
Purpofes therein mentioned.
For
I Hening, VII, p. 517. * Ibid., VII, p. 543. ■■ Ibid., VII, p. 575. 16 [bid., VII, p. 590.
• Ibid., VII, p. 530. 7 Ibid., VII, p. 545. " Ibid., VII, p. 577. n Ibid., VII p S94
3 /Wd., VII, p. 534. 8 /fcirf., VII, p. 549. -3 /6td., VII, p. 580. '8 /tirf., VII p cqc'
4 Ibid., VII, p. 539. 0 Ibid., VII, p. 563. >♦ Ibid., VII, p. 585. ■» Ibid., VII, p. 597.'
5 /Wti., VII, p. 539. -o ZWc/., VII, p. 570. >s /fc«U, VII, p. 588. " Ibid. VII p 598
[ i65 ]
21. ^For eftablifhing the Town of Mecklenburg, tn the County of Frederick.
22. 'For eftablifhing the Town of Hanover, «« the County of Hanover.
2 J. iFor enlarging the Town of Peter fburg, and for other Purpofes therein mentioned.
24. *For enlarging the Town of Alexandria, in the County of Fairfax.
25. 5 To empower the Veftry of the Parifh of Bruton to fell certain Lots in the City of
Williamfburg, for the Purpofes therein mentioned.
26. ^For appointing Directors and Truftees for the Town of Blandford, in the County
of Prince George, and to prevent Hogs running at large therein.
lis 27.7T0 empower the Veftry of the Parifh of St. Patrick, in the County of Prince Ed-
ward, to levy for Thomas Wood a reafonahle Satiffadion for his Expenfes in building a
Church there, which was burnt dcmm before it was finifhed.
sS.^For adding Part of the Parifh of Cameron to the Parifh of Truro.
2g.'>For fettling the Bounds between the Parifhes of Martin's Brandon and Briftol,
in the County of Prince George.
JO.' ° For dividing theParifh of Accomack, in the County of Accomack, into two diftind
Parifhes.
jz. ■ 'For diffolving the Veftry of the Parifh of Hampfhire, in the County of Hampfhire
and eleding a new Veftry in the faid Parifh.
j2."To empower the refpedive Veftries of the Pairfhes of St. Andrew, in the County
of Brunfxvick, and Frederick, in the County of Frederick, to fell their Glebe Lands.
J J.' 3 For dividing the Parifh of Nottoway, tn the County of Southampton.
j4.'*For adding part of the County of King and Queen to the County of Caroline, and
for altering the Court Day of the faid County of King and Queen.
jj. ' ^For altering the Court Days of the Counties of Prince Edward and Lunenburg.
j6. '^For building a Bridge over the north Branch of James River, in the County of Albe-
marle.
jy.'TFor building a bridge over Nottoway River, from the Land of Jeffe Brown, by
Subfcription.
j8. ' 8 To oblige the Juftices of the County of Albemarle to refund to the Counties of Am-
herft and Buckingham their juft Proportion of the Money paid for Weights and Meafures
before the Divifion of the faid County of Albemarle.
jg.">To empower Carter Henry Harrif on, Gentleman, to build a Mill on Willis's Creek,
in the County of Cumberland.
40.'°To dock the Entail of certain Lands whereof Ralph Wormeley, Efq;is feized, and
for fettling other Lands of greater Value to the fame Ufes.
41. "To confirm and eftablifh an Agreement made between James Scott the elder. Clerk,
and James Scott the younger, his Son.
42. "To dock the Entail of certain Lands whereof Henry Scarburgh is feized in Fee
Simple, and for other Purpofes therein mentioned.
4 J. » 3 To veft certain Lands therein mentioned in James Hubard, and fettling other lands
and Slaves of greater Value in Lieu thereof.
44.'* For paying the Burgeffes Wages in Money for this prefent Seffion of Affembly.
His Honour likewife gave his Affent to the following Refolves :
1. For allowing the Officers of the Virginia Regiment the fever al Sums therein men-
tioned.
2. For allowing the feveral Officers of the Virginia Regiment 6 Months Pay.
3. For allowing the Hon. William Byrd, Efq; £500, for the Services therein men-
tioned.
4. For allowing Col. William Peachey one Year's Pay, in Confideration of his paft
Services.
5. For allowing M' George Mercer £500, for the Services therein mentioned.
For
» Hening, VII, p. 600. 7 Ibid., VII, p. 611. 13 Ibid., VII, p. 618. 15 Ibid., VII p 626
' Ibid., VII, p. 601. 8 Ibid., VII, p. 612. m Ibid., VII, p. 620. '" Ibid., VII, p 628
3 Ibid., VII, p. 602. 9 Ibid., VII, p. 613. 's Ibid., VII, p. 622. " Ibid., VII p 630
■♦ Ibid., VII, p. 604. 'c Ibid., VII, p. 614. 16 Ibid., VII, p. 622. " Ibid., VII p 6^4
s /fcid., VII,p. 607. " Zfoid., VII, p. 616. »7 /ftiW., VII, p. 623. 'i Ibid., Nil -p 6\6
« /fctd., VII, p. 608. " /fcirf., VII, p. 617. ■» /Wrf., VII, p. 625. ^'i Ibid VII p 5q6'
[ ^66 ]
6. For allowing Major Andrew Lewis the Sum of £jjO.
7. For allowing William Bronaiigk a Year's Pay, as Captain tn the Virginia Regi-
ment.
8. For allowing Larkin Chew £100, and £40 a Year during his Life. m
g. For allowing James Duncanfon £40 a Year during his Life.
10. For paying to the Governours and Vifitors of William and Mary College the Sum
of £450 Sterling, for the Ufes therein mentioned.
11. For paying Jofeph Royle, Printer, £330.
And then clofed the fef fion with the following Speech :
Gentlemen of the Council, M"" Speaker, and Gentlemen of the Houfe of Burgeffes,
The Fatigue you have fuftained in preparing and considering the great Number of Bills
I have this Day paffed, and the Seafon of the Year, both confpire to call for a Relaxation
from the Bufinefs you have been fo deeply engaged in; and as I am always defirious to
contribute to your private Interefts, by giving you Time to attend to your own domeftick
Affairs, as far as my Duty to his Majefty, and my Concern for the Publick, will permit me,
I fhall give you that Recefs which you now exped from me, by proroguing you, and you are
accordingly prorogued, to the third Tuefday in April next.
JOURNAL
>f the
House of Burgesses
1763
Burgeffes.
Accomac
Albemarle
Amelia
Amherft
Augufta
Bedford
Brunfwick
Buckingham
Caroline
Charles City
Chefterfield
The College
Culpeper
Ciamberland
Dinwiddie
Elizabeth City
Effex
Fairfax
Fauquier
Frederick
Gloucefter
Goochland
Halifax
Hampfhire
♦Thomas Parramore
♦Southey Simpfon
*Thomas Walker
♦John Fry
*David Greenhill
*Thomas Tabb
♦William Cabell
♦Cornelius Thomas
*John Wilfon
*Ifrasl Chriftian
♦William Callaway
♦John Talbot
♦WilHam Thornton
♦Ifaac Rowe Walton
♦Robert Boiling, Jr.
♦Jofeph Cabell
♦John Baylor
Edmtmd Pendleton
Benjamin Harrifon
♦William Kennon
Archibald Cary
Richard Eppes
♦Mann Page
♦John Field
♦James Barbour
♦George Carrington
♦John Fleming
♦Robert BolUng
♦Leonard Claiborne, Jr.
George Wythe
♦WilUam Wager
♦John Lee
♦John Upfhaw
♦George Johnfton
♦John Weft
♦Thomas Harrifon
♦Thomas Marfhall
George Wafhington
George Mercer
♦Thomas Whiting
John Page
♦John Payne
♦Jofias Payne
♦Nathaniel Terry
♦Robert Wade
James Mercer
♦Thomas Rutherford
Hanover
Henrico
Ifle of Wight
James City
Jameftown
King & Queen
King George
King William
Lancafter
Loudoim
Louifa
Lunenburg
Middlefex
Nanfemond
New Kent
Norfolk
Norfolk Borough
Northampton
Northimiberland
Orange
Prince Edward
Prince George
Prince WiUiam
Princefs Anne
♦Nathaniel Weft Dandridge
♦John Syme
Bowler Cocke
♦Phihp Mayo
♦James Bridger
♦Jofeph Bridger
♦Lewis Biuwell
♦Philip Johnfon
♦Edward Champion Travis
John Pendleton
John Robinfon
Charles Carter
♦Charles Carter, Jr.
♦Bernard Moore
♦Carter Braxton
Charles Carter
♦Richard MitcheU
♦Francis Lightfoot Lee
♦James Hamilton
♦William Johnfon
♦Thomas Johnfon
♦Henry Blagrave
♦Clement Reade Jr.
♦John Smith
♦Ralph Wormeley
♦Wilhs Riddick
♦Lemuel Riddick
♦Burwell Baffett
♦Richard Adams
William Bradley
♦Thomas Veal
Jofeph Hutchings
♦John Harmanfon
♦Thomas Dalby
♦Richard Hull
♦Spencer Ball
♦James Taylor
♦James Walker
♦Peter Legrand
♦Abner Nafh
Richard Bland
♦Richard Bland, Jr.
♦John Bay lis
Henry Lee
♦Edward Hack Mofeley
♦Anthony Walke
♦Not fhown by the Journal to have been prefent during the Affembly.
[ I70 ]
Richmond
Southampton
Spotfylvania
Stafford
Surry
♦John Woodbridge
*Landon Carter
*Jofeph Gray
♦Benjamin Symmons
♦Fielding I>ewis
Benjamin Grymes
♦William Fitzhugh
Thomas L. Lee
♦Hartwell Cocke
♦William Bailey
Suffex
Warwick
Weftmoreland
Williamfburg
York
♦Not fhown by the Journal to have been prefent during the Alfembly.
♦David Mafon
♦John Edmimds
♦William Digges
♦William Harwood
Richard Henry Lee
*Richard Lee
Peyton Randolph
♦Dudley Digges
*Thomas Nelfon, Jr.
Changes in the Perfonnel, 1763.
Lunenburg Clement Reade, Jr. fucceeded Clement Reade
JOURNAL
of th<
House of B
A
OUSE OF OURGESSES
B^ursdaj. t^* I9tb of 5tttt?. 3 (&40. III. 1763.
Meffage from the Govemour was delivered bv M"' Walthoe.
M"" Speaker, and Gentlemen of the Houfe of Burgeffes,
The Governour commands the immediate Attendance of your Houfe in the
Council Chamber.
Accordingly M"" Speaker, with the Houfe, went up to attend the Governour; and
being returned, reported that he, with the Houfe, had attended the Govemour in the
Council Chamber, and that he was pleafed to make a Speech to the Covmcil and this
Houfe, of which he had, to prevent Miftakes, obtained a Copy ; which he read to the
Houfe, and afterwards delivered in at the Table, where it was again twice read, and is
as follows :
Gentlemen of the Council, M"" Speaker, and Gentlemen of the Houfe of Burgeffes,
I have called you together before the Time to which you flood prorogued, on Bufinefs
of the greateft Importance to the trading Intereft not only of this Colony but to that of our
Mother Country.
You may remember that on a former Application of the Merchants of Great Britain,
trading to Virginia, / was honoured with an Inftrudion from his Majefty that I fhould
recommend it to yotir Confideratton in what Manner you could better provide for their Secu-
rity m recovering Sterling Debts due from this Colony to them: Your Negled of that Inftruc-
tion has now drawn on you the C en f lire of the Right Honourable the Board of Trade, for
that Behaviour. On a frefh Application of the Merchants to their Lor df hips, they have
come to feveral Refolutions on that Head, which J fhall immediately lay before you. I have
never yet deceived you, and I will not nmv attempt it; but, in plain Language, inform you
that all Endeavours to evade their Force will prove fruitlefs, and plunge you ftill deeper in
his Majefty's Difpleafure. It is abfolutely neceffary that fomething fhould be done to give
the Merchants that Satiffadion for which they call upon you, and for which, in Cafe of
Failure of Succefs here, they will call upon a higher Power. But from my Knowledge of
the Integrity of your Hearts, and of your Defire that every Man fhould receive full Pay-
ment and Satiffadion for the Debts due to him, whether contraded in Sterling or current
Money, whether he be an Inhabitant of Great Britain or Virginia, / am fully perfuaded you
will immediately do every Thing m your Power to do them the ftrideft Jtiftice, and remove
their Fears. The Means of effeding this I fhall leave to the Refult of your own Deliber-
ations, after recommending two Points to your Confideration.
As the Support of publick Credit is of the moft urgent Importance to a trading Country,
I muft prefs you to take Care that the Paper Money now in Currency may be effedually
redeemed at the Times ftated in the Ads of Affembly paffed for that Purpofe, either by
better providing for the Colledion of the prefent Taxes, if fufficient for the End propofed, or
laying fome additional Tax, if the prefent are found infufficient for the Purpofe, that the
Periods for redeeming the fame may not be protraded.
Another Point I would recommend to you is the repealing the infolvent Law, paffed
laft Seffion of Affembly, before it can take Place and have any Effed: This Meafure
muft
[ 172 ]
muft fully convince his Majefty, his Minifters, and even the Merchants of Great Britain
themfelves, of your upright Intentions, and your Defire of doing Juftice to all Mankind;
for upon your reconfidering that Law you will find that the Advantages to the Debtor and
Creditor arifing from it are not mutual; and that a Debtor has it in his Power to ad ivith
great Partiality, by paying particular Creditors before he is reduced to give up the Whole for
the Satiffadian of the others. This is a Point which you may be fure cannot be overlooked,
and which muft neceffarily turn to your Disadvantage, if you do not put a Remedy to it
yourfelves.
After thus reprefenting to you the Situation of your Affairs with the Right Honourable
the Board of Trade, I fhould not do Juftice to their Lord f hips who compofe that Board were
I not to point out their Lenity in poftponing any Obfervations cni your Condud, or any
Report to his Majefty in your Diffavour, until they had communicated their Refolutions to
you, to give you Time to reconfider thefe Matters coolly, and remedy the Evils complained
of. For this Purpofe they have not only fent them in to me, but have given Copies to M'
Abercrombie and M' Montague, to be by them tranfmitted to every Branch of the Legifla-
ture.
I am perfuaded I have faid enough to convince you of the Utility and Neceffity of your
engaging heartily in the Meafures enforced by the Refolutions of the Right Honourable the
Lords of Trade; and as the lea ft Appearance of Reproach muft fenfibly affed feeling Minds,
I fhall quit this unpleafing Subjed, to enter upon one jvhich muft communicate Joy to all
true Lovers of their Country, I mean the Conclufion of a moft glorious and honourable Peace
between his Majefty and all his Enemies, of which happy Event I take this Opportunity to
congratulate with you. The Care his Majefty has taken of his American Colonies is a fur-
ther Proof of his Attention to their Inter eft and Security, and demands the ftrongeft Returns
of Loyalty, Obedience and Affedion, from us.
M'' Speaker, and Gentlemen of the Houfe of Burgeffes,
This glorious Profped of a folid and lafting Peace will afford you an Opportunity of
particularly attending to the Finances of this Colony, and of putting them on a Footing
which may tend to the Advancement of the Trade and Credit of the Colony, and the Security
and Satiffadion of the Merchants trading to it, and which may correfpond with the Senti-
ments of the Britifh Miniftry as to the Eftablifhment of the Currency of the Colonies; for
the anfwering all which good Purpofes, I doubt not you will provide with your ufual Pru-
dence and Impartiality.
Gentlemen of the Council and of the Houfe of Burgeffes,
The Points I have recommended to your Confideration call upon you for your moft
ferious Reflexion, and I hope you will enter upon them with that Degree of Earneftnefs and
Harmony which tlie Nature of them requires from you.
On a Motion made,
Refolved, That an Addrefs be prefented to his Honour the Govemour, to reprefent
to him that, to comply with his Majefty's Requilitions, we were under a Neceffity of
making the feveral Emiffions of Treafury Notes, as no Specie cotild be procured for thofe
Exigencies ; and that we expedted they would have been confidered as Adls of Duty to
our Sovereign, and not made the Subje(5l of Complaint : That we never thought it jxift
to circulate them without making them a legal Tender in all Payments, except for his
Majefty's Quitrents ; nor could we ever have been induced to emit them on any other
Terms.
That we imagined, when the Courts were empowered to dired; at what Difference of
Exchange Sterling Debts fhould be difcharged, and fufficient Funds were eftablifhed
for the Redemption of thofe Notes, no Perfons trading to this Colon}^ could receive any
Injury, and therefore little expedted to be cenfured as neglecting his Majefty's Inftruc-
tion, the Spirit of which had been, in our Opinion, complied with.
That
[ 173 ]
That we think the Britif'h Merchants have not confulted their own Intereft in this
Complaint, fince the Loffes they may have fuftained by the fudden Rife of Exchange will
be made up to them on its prefent declining State.
But, left we may be miftaken in our Opinion on this Matter, we will (on his Hon-
our's Recommendation, of whofe Sincerity we have never had Reafon to doubt) take it
again into our Confideration, and do every Thing in our Power to fupport publick Credit,
and avoid his Majefty's Difpleafure, which we have always regarded as the greateft
Miffortime.
To affure him that we will reconfider the Infolvents Law, and remove all Caufe of
Complaint on that Head, if poffible ; and to exprefs our Happinefs on the Conclufion of
a fafe, honourable, and advantageous Peace.
Ordered, That a Committee be appointed to draw up an Addrefs to the Crovemour,
purfuant to the faid Refolution ; and it is referred to M'' Charles Carter, M' Edmund
Pendleton and M"" Wythe, to prepare and bring in the fame.
M'' Speaker informed the Houfe that the Govemour had delivered to him the Refo-
lutions of the Lords of Trade, on the Memorial of the Britifh Merchants on the Subjedl
of our Paper Currency, and delired him to lay them before the Houfe; and the faid
Refolutions were read, and ordered to lie on the Table.
Refolved, That this Hotife will take the Govemour 's Speech into Confideration
Tomorrow.
Refolved, That an Addrefs be prefented to his Honour the Govemour, to defire that
he will be pleafed to lay the Inftru<5lion mentioned in his Speech before the Hotife ; and
that M'' Attorney do wait on him with the faid Addrefs.
Ordered, That the Committee of Correfpondence lay their Letters to the Agent,
relative to the Britifh Merchants Remonftrance to the Board of Trade concerning our
Paper Currenc}', and his Anfwers thereto, before the Houfe.
Refolved, That an Addrefs be made to his Honour the Govemour, to order a new
Writ to iffue for eledling a Burgefs to ferve in this prefent General Affembly for the
Cotinty of Lunenburg, in the Room of M"" Clement Read, Gentleman, deceafed; and that
M' Pendleton do wait on him with the faid Addrefs.
Ordered, That the Reverend M"" William Yates be continued Chaplain to this Houfe,
and that he attend to read Prayers every Morning at lo "'Clock.
Ordered, That the feveral Doorkeepers be continued in their refpedlive Offices, and
that they give their Attendance accordingly.
And then the Houfe adjourned until Tomorrow Morning ii "'Clock.
M
Trl6aY. tt)^ 201^ of Mla^ 3 (Beo. Ill 1763.
R Charles Carter reported that the Committee appointed had, according to
Order, prepared an Addrefs to the Govemour; which he read in his Place,
and then delivered in at the Table, where the fame was again twice read,
and agreed to by the Houfe, and is as follows:
Sir,
We his Majefty's moft dutiful and loyal Suhjeds, the Burgeffes of Virginia, now met
in General Affembly, humbly beg Leave to reprefent to your Honour that as our feveral
Emiffions of Treafury Notes, fo loudly complained of, were made in Confequence of his
Majefty's Requifitions, when it was impoffible to procure Specie for thofe Exigencies; and
there being no other Succedaneum than Paper within our Knowledge, we could not exped
what we then did would be confidered otherwife than as Ads of Duty to our Sovereign; and
we hoped that Expedient, not indeed in itfelf always eligible, was juftified by Necefflty:
And we did not think it equal or juft to circulate fuch Notes without giving them the effential
Quality
[ 174]
Quality of Money, by making them a legal Tender in Payment of all Debts, except for his
Majefty's Quitrents, and would not have emitted them at all upon any other Conditions.
That after the Courts were empowered to dired at xvhat Difference of Exchange Judg-
ments for Sterling Debts fhould be difcharged, which Power had never been abufed to the
Difadvantage of any Creditor, and as the Notes were redeemable by Funds fufficient, in our
Opinion, for that Purpofe, if the Taxes impofed were duly colleded, for regulating and
enforcing which Colledion the moft effedttal Methods have frmn Time to Time been eftab-
lifhed, we imagined as good a Security was provided for all Perfons trading hither as could
be, and that none of them could fuffer, except from the fludnating Nature of Exchange, which
no Laws can guard againft; and therefore we did not apprehend we fhould deferve Cenfure,
as negleding the royal Inftrudion, the Spirit of which, we humbly conceived, had been com-
plied with.
Under fiich Circumftances, we cannot help confidering it as an Inftance of Weaknefs or
Caprice in the Britifh Merchants (till to infift an Satsffadion in thefe Points, cfpecially
when the Evil they cotnplain of, the exceffive Rife of Exchange, will be fufpciently balanced
by the Advantage they muft inevitably receive from its prefent declining State.
We, Sir, are fo confcious of the Reditude of our Intentions with refped to all Creditors,
and of our having done, as we conceived, the ftrideft Juftice to them, that we cannot help
feeling very fcnfibly the lea ft Appearance of Reproach on this Account; but left we may have
been miftaken in our Conceptions, and as well to convince the World of our Integrity and
IncHnation to do Juftice to all Mankind, as to pay that Regard which is due to your Hon-
our's Recommendation, of whofe Sincerity we have had too many Inftances to doubt it upon
this Occafion, and to whom we own ourfelves obliged for that Freedom with which you have
warned us of our Danger, we will reconflder this Subjed with the Coolnefs and Attention the
Importance of it deferves, and affure your Honour that every Thing in our Power fhall be
done for the Support of publick Credit: And although our Condud herein may not entirely
remove the Fears of all the Merchants, permit tis to hope it may prevent his Majefty's Dif-
pleafure, which we fhould lament as our greateft Miffortune, and fhall ei>er moft ftudioufly
endeavor to avoid.
We will alfo take the infolvent Law under our Confideration' and remove all Caufes of
Ccnnplaint on that Head, if poffible.
We do moft heartily rejoice with your Honour on the Conclufion of the Peace, an Event
not more glorious to his Majefty than it will be happy for us, whilft with that is continued
tlte additional Bleffing of his princely Attention to our Intereft and Security, ivhich fhall
ever meet with the warmeft Returns of Gratitude, Loyalty and Affedion.
Ordered, That the faid Addrefs be fairly tranfcribed, and prefented by the whole
Houfe.
Ordered, That the Committee who prepared the fame wait on the Govemour to
know his Pleafure when they fhall attend his Honour to prefent it.
M"" Attorney delivered in at the Table his Majefty's Inftrudlion mentioned in the
Govemour's Speech, which he received from his Honour in Confequence of the Addrefs
of this Houfe.
He alfo laid before the Houfe, according to Order, the Letters of the Committee of
Correfpondence to the Agent, refpe(5ting the Britifh Merchants Memorial to the Board
of Trade, and his Anfwers thereto.
Ordered, That the fame do lie on the Table.
The Order of the Day being read for the Houfe to take into their Confideration the
Govemour's Speech,
Refolved, That this Houfe will refolve itfelf into a Committee on the faid Speech.
Ordered, That the Memorial of the Britifh Merchants, the Refolutions of the I-X)rds
of Trade, and the Letters of the Committee of Correfpondence, and the Agent's Anfwer
thereto, be referred to the Confideration of the faid Committee.
And then the Houfe refolved itfelf into a Committee on the faid Speech and Letters ;
and after fome Time fpent therein, M"" Speaker refumed the Chair, and M^ Charles Carter
reported
[175]
reported that the Committee had had the faid Speech, Letters and Papers, under their
Confideration, but not having Time to go through the fame they had directed him to
move for Leave to fit again.
Refolved, That this Houfe will again refolve itfelf into a Committee on the laid
Speech Tomorrow.
And then the Houfe adjourned until Tomorrow Morning ii "'Clock.
Satur6ar. t^e 2Ut of ^tta^. 3 (5eo. III. 1763.
MR Charles Carter reported that the Committee appointed had, according to
Order, waited on his Honour the Govemour, to know his Pleafure when
the Houfe fhould attend him with their Addrefs, and that he was pleafed
to appoint this Day, and to fay he would fend a Meffage to the Houfe when
he was ready to receive it.
On a Motion made.
Ordered, That Leave be given to bring in a Bill To alter the Court Day of the County
of Stafford, and it is referred to M"" Richard Henry Lee and M'' Thomas Lee to prepare and
bring in the fame.
On a Motion made.
Ordered, That Leave be given to bring in a Bill For further continuing and amend-
ing the Adl, entitled. An Ad^ for the better regulating and colleding certain Officers Fees,
and for other Purpofes therein mentioned, and it is referred to M"" Bland to prepare and
bring in the fame.
A Meffage from the Govemour was delivered by M'' Walthoe.
M' Speaker,
I am commatided by the Governour to acquaint your Houfe that his Honour is now
ready to receive their Addrefs in the Council Chatnber.
M^ Speaker, with the Houfe, went up accordingly; and being returned, reported
that he had, with the Houfe, attended the Govemour in the Council Chamber, and
prefented the Addrefs of this Houfe to him, to which he was pleafed to anfwer:
M' Speaker, and Gentlemen of the Houfe of Burgeffes,
Frcnn the Affurances you now give me that you will reconfider the Matters recommended
to you with all the Coolnefs and Attention which the Importance of them deferves, from the
juft and becoming Senfc you f how of the Lofs of his Majefty's Favour, and from the long
known Integrity of your Hearts, I have the ftrongeft Reafon to hope yon will fall upon fuch
Meafures as will do Honour to yourfelves, and convince the World that you are earneft to do
impartial Jiiftice to all Mankind, and to fupport the Credit of the Colony; which will inevi-
tably reftore you to any Part of his Majefty's Favour which you may have unfortunately
loft.
Thefe Refolutions give me great Pleafure; which, with the Regard you exprefs to my
Recommendation, demand my Tlianks, which I mo ft heartily give you.
A Petition of Thomas Gift, fetting forth that he entered in the Service of this Colony
in the Year 1756 as an Officer in the Regiment, and continued therein until it was
difbanded in 1762 ; that in Colonel Grant's Engagement, near Pittfhurg, he received a
Wound in his right Hand, which has almoft deprived him of the Ufe thereof, and loft all
his Baggage, to a confiderable Value, and was himfelf taken Prifoner by the Indians,
and detained for a Year, when he found Means to efcape, and endured great Fatigue and
Hardfhips in his Return ; that he is greatly hindered in his Means of Livelihood by his
faid Wound, and has not a fufficient Fortune to fupport himfelf; and praying the
Confideration of the Houfe therein, was prefented to the Houfe and read.
Ordered
» Hening, V, p. 326.
[ 176 ]
Ordered, That the faid Petition be referred to M^ Edmund Pendleton, M' Wafhington,
W Richard Bland and M"- Mercer; that they examine the Allegations thereof, and report
the fame, with their Opinion thereon, to the Houfe.
The Order of the Day being read for the Honfe to refolve itfelf into a Committee on
the Govemour's Speech,
Ordered, That the further Confideration of the faid Speech be put off until Monday
next.
A Claim of [ohn Bailey, for taking up a Runaway therein mentioned, was prefented
to the Houfe and received.
Ordered, That the faid Claim be referred to the Confideration of the next Seffion of
Affembly.
On a Motion made.
Ordered, That all fuch Claims and Propofitions as were referred from the laft to this
Seffion of Affembly, and alfo all fuch Claims and Propofitions as fhall be certified to this
Seffion of Affembly, be referred to the Confideration of the next Seffion of Affembly.
And then the Houfe adjourned until Monday Morning ii "'Clock.
yaortba^. tl)e 23r6 of 5ttar, 3 <Beo. III. 1763.
MR Richard Bland, from the Committee appointed, prefented to the Houfe,
according to Order, a Bill For further continuing and amending the Aft,
entitled, /I » Ad' for the better regulating and colleding certain Officers Fees,
and for other Purpofes therein mentioned; and the fame was read the firft
Time, and ordered to be read a fecond Time.
The Order of the Day being read, the Houfe refolved itfelf into a Committee to take
into their further Confideration the Govemour's Speech, together with the feveral Letters
and Papers to the faid Committee referred; and after fome Time fpent therein, M""
Speaker refumed the Chair, and M"^ Charles Carter reported that the Committee had had
the faid Speech and Letters under their further Confideration, but not having Time to go
through the fame they had diredled him to move for Leave to fit again.
Refolved,That this Houfe will again refolve itfelf into the faid Committee Tomorrow.
On a Motion made,
Ordered, That a Committee be appointed to inquire into the Funds for the Redemp-
tion of the Paper Currency, and that they ftate and report the fame to the Houfe ; and
it is referred to M'' Bland, M"" Richard Henry Lee and M'' Benjamin Harrifon.
On a Motion made.
Ordered, That Leave be given to bring in a Bill To amend an A(5l, entitled, An Ad'
for enlarging the Towns of Frederickfburg and Winchefter, the City of Williamfburg, and
Town of Dumfries, a)id for other Purpofes therein mentioned; and it is referred to M""
Grymes to prepare and bring in the fame.
M'' Richard Henry Lee, from the Committee appointed, prefented to the Houfe,
according to Order, a Bill For altering the Court Day of the County of Stafford; and the
fame was read the firft Time, and ordered to be read a fecond Time.
And then the Houfe adjourned until Tomorrmv Morning ii "'Clock.
I3ues5aY, tl)e 24tl) of 5llar. 3 (5eo. III. 1763.
A Petition of the Infpecftors at Morton's Warehoufe, praying their Salaries may
be augmented, was prefented to the Houfe and read, and referred to the Con-
fideration of the next Seffion of Affembly.
Alfo a Petition of the Infpeftors at Gibfon's Warehoufe, praying to be
allowed for 840 lbs. of Tobacco that was ftolen out of the faid Warehoufe, at two differ-
ent
' Hening. V. p. _^26. ' Ibid.. VII, p. 314.
[ 177 ]
ent Times, in the Months of January and April laft, was prefented to the Houfe and
read, and referred to the Confideration of the next Seffion of Affembly.
On a Motion made,
Ordered, That it be an Inftrudtion to the Committee to whom it is referred to bring
in a Bill To amend an Adt, entitled, An Ad^ for enlarging the Towns of Frederickfburg and
Winchefter, the City of Williamfburg, and Town of Dumfries, and for other Purpofes
therein mentioned, that they receive a Clatife or Claufes to enlarge the Town of Portf-
mouth, by the Addition of Acres of M^ VeaVs Land, adjoining to the faid Town.
M"" Bland, from the Committee appointed, reported that the faid Committee had,
according to Order, examined into the State of the Treaftiry Notes emitted, and the
feveral Taxes impofed by Law for finking the fame, and had ftated an Account thereof,
by which it appears that the Taxes exceed the Treafury Notes iffued ;£ii452 . 4. 7, to
which Sum large Arrears due from feveral Sheriffs, for which Judgments have been
obtained in the General Court, are to be added; which he read in his Place, and then
delivered in at the Table, where it was again twice read, and agreed to by the Houfe, as
follows :
« Dr.
STATE of the TREASURY NOTES
Emitted,
To Notes iffued in June 1757 £, 179962 10
Do. April 1758 32000
Do. September 1758 57000
Do. February 1759 52000
Do. November 1 759 loooo
Do. March 1760 20000
Do. May 1760 . 32000
Do. March 1762 30000
Balance of the Taxes more than the Notes iffued, 11452 4 7
£ 424414 14 7
And the taxes for finking the fame. Cr.
1760 July, by Notes burnt, redeemable in 1765 £ 10051 14 3
November, Do. - - Do 20678 15 9
1 761 May, Do. - - Do 9633 14
December, Do. - - Do 10792 6
1762 July, Do. - - Do 6821 10
November, Do. - — Do 16421 16
Do. redeemable - 1776 2593 5 9
Do. - 1768 and 1769 1634 7
Do. 1766, 1768 and 1769 1534 7 6
Do. Do. Do 147 18 9
Do. Do. Do. Do 5345 II 6
85655 6 6
Notes in the Treafury, by laft Account, to be bvunt 25574 13 i
Do. received fince, to be burnt : . . 24300
Notes, Part of the £ 57,000 diredted to be iffued in September 1758
not emitted J75
Do. Part of the £ 30,000 directed to be iffued in March 1762, not
emitted 10250
146154 19 7
By
I Hening, VII, p. 314.
[ 178]
By a Tax on 120,000 Tithes for 1763, at 4s f, 24000
Do. on 10,000000 Acres of Land, 2s 10,000
Do. 50,000 Hhds. of Tobacco, 2s S.ooo
Do. Slaves 2,000
Do. Wheel Carriages. Writs and Licenfes 2,000
43,000
CoUeaor's Commiffion, at 5 per Cent 2,150
40,850
Treafurer's Commiffion 93^
39,919
Taxes for 1764, the fame 39.919
Do. for 1765. Do 39.919
By Tax on 120.000 Tithes for 1766, at 5s 30,000
Land Tax 10.000
Tobacco S.ooo
45,000
Colledtor's Commiffion, at 5 per Cent 2,250
42,750
Treafurer's Commiffion. at 2 per Cent 855 41.895
Taxes for 1767 41.895
Do. for 1768 41.895
By Tax on 120.000 Tithes for 1769, at 4s 24,000
Land Tax 6,250
Tax on Tobacco S.ooo
35.250
CoUedtor's Commiffion 1,762-10
33,487-10
Treafurer's Commiffion 669-1 5
32,817 15
£ 424414 14 7
Ordered, That the faid Report do lie on the Table. ^^
A Petition of Jofeph Royle, Printer, praying the Continuance of his Salary as Printer
to this Houfe, was prefented to the Houfe and read.
Refolved, That the Sum of £ 350 per Annima be allowed to the faid Jofeph Royle, to
continue to the End of the next Seffion of Affembly, as a full Confideration for printing
the Journals of the Houfe of Burgeffes, printing the Laws of each Seffion and fending
thirteen of them to even.- County Court Clerk, one of which to be half botmd for the Ufe
of the Court, printing Infpe<$lors Notes and Books, Proclamations, and other publick
Advertifements.
Ordered, That the faid Refolve be engroffed, and that M"" Attorney do carry it up to
the Council for their Concurrence.
A Petition of the Minifters and Veftries of the Pariflies of St. Mark and Bromfield,
in the County of Culpeper, praying that the faid Parifhes may be divided into three
diftindt Parifhes, was prefented to the Houfe and read, and referred to the Confideration
of the next Seffion of Affembly.
On
[ 179 ]
On the Petition of James Gait, Keeper of the publick Gaol, praying a Continuance
of his former Salary,
Refolved, That the additional Sum of ;£ 1 5 be paid to the faid James Gait, over and
above his vifual Salary of ;£ 25 per Annum.
Refolved, That 10 fbs. of Tobacco a Day be allowed to the faid James Gait, for every
Criminal committed to the faid Gaol, during fuch Criminal's Imprifonment, from this
Time to the End of the next Seffion of Affembly.
A Petition of John Ramfey, fetting forth that he enlifted as a Soldier in the
Virginia Regiment, under the Command of Colonel George Wafhington, in the Year 1754 ;
that in the Engagement at the Great Meadows he was taken Prifoner by the Enemy, and
remained in Captivity five Years and fix Months, during which Time he ftiffered fuch
Treatment as could only be expe<5ted from fuch mercilefs Savages ; that he returned to
Virginia in the Year 1761, and enlifted in the laft Virginia Regiment, commanded by
Colonel Stephen; that he hath received no Part of his Pay for the five Years and Ibc
Months he was in Confinement, or any Recompenfe for his fufferings, and praying the
Confideration of the Houfe therein, was prefented to the Houfe and read.
Alfo a Petition of Edward Child, a Soldier in the Virginia Regiment, under the
Command of Colonel Mercer, fetting forth that in Major Grant's Defeat, before Fort Du
Quefne, in the Year 1758 he had the Mif fortune to lofe his Thvunb by a Ball, which has
rendered his Hand almoft ufelefs, and, being overpowered by a greater Number of the
Enemy, was, with many others, taken Prifoner, and remained in Captivity twenty one
Months and five Days, and at Times during his Confinement underwent great Hard-
fhips, and was often feverely treated by them; and praying the Confideration of the
Hotife therein, was prefented to the Houfe and read.
Alfo a Petition of William Shaw, late a Sergeant in the firft Virginia Regiment,
fetting forth that in the Month of November 1756 he was ordered on an Excurfion, with
fome Catawba Indians to the Ohio, where he and his Party, engaging a much Superior
Number of the Enemy, were put to Flight, and after wandering fome Time was taken
Prifoner b}' a Party of the Enemy, who to prevent his Efcape inhumanly cut off his Toes ;
that he remained a Captive thirty three Months, during which Time he fuffered very
fevere Hardfhips ; and praying the Confideration of the Houfe therein, was prefented to
the Houfe and read.
Alfo a Petition of Thomas Branan, a Sergeant in the Virginia Regiment, fetting
forth that on the 14''' of November 1758 he was wounded in the Neck by a Mufket Ball,
in an Adlion with the Enemy near Fort Ligonier, iinder the Command of Colonel Mercer,
which has greatly impaired his Eyefight, and renders him incapable of getting a Liveli-
hood as before he entered into the Serv^ice ; that he has loft feveral Horfes in the Service,
for which he hath received no Satiffadlion ; that in wading the Waters he loft feveral
Things of Value, particularly a filver Watch, and feveral Papers, and the Receipts for
the Horfes above mentioned ; and praying the Confideration of the Houfe therein, was
prefented to the Houfe and read.
Alfo a Petition of Henry Ennnerfon, aged 66 Years, an Invalid, fetting forth that
he hath been nine Years in the Service of this Colony, and is now imable to provide for
himfelf a fufficient Maintenance ; and praying fome Relief, was prefented to the Houfe
and read.
Alfo a Memorial of Charles Smith, a Lieutenant in the late Virginia Regiment,
fetting forth that he entered into the Ser\^ice of this Colony in the Year 1754, in the firft
Troops raifed under the Command of Colonel Jofhua Fry, and continued in the fame
until the Redu(ftion of the Virginia Regiment ; that during the Time of his Service for
the Defence of his Coimtry he was in all the feveral Engagements, from the very Com-
mencement to the End of Hoftilities, in which the Troops of Virginia fought, and he
has the Satiffadlion to believe he always difcharged his Duty and the Truft repofed
in him, as he was fo fortunate, from a private Soldier, to be promoted to an Enfigncy,
and at the Time of difbanding the Regiment was the firft Lieutenant in the Service,
which, as Modefty forbids him to boaft of his own Merit, he prefumes he has a Right to
fav
[ i8o ]
fay he obtained by his firm attachment to the Intereft of his Country, his Readinefs to
obey the Commands of his Superiors employed in the noble Caufe of its Defence, and
Defire to perform, fo far as he could be an Inftrument, whatever his Abilities could
attempt ; that your Memorialift, as the moft unfortunate Accident he has ever met with
in themanv Adlionshehasbeen, was fo unlucky as to lofe his Hand, and great Part
of his left Arm, by the burfting of a Mufket, on his Duty, and there being no further
Neceffity for his Service in the Caufe of his Coimtry, as a moft glorious and happy
Peace, which, for the Love he bears the Place of his Nativity, he hopes may prove as
lafting as it is honourable, is now concluded, although the Profpedt expofes him to the
moft difagreeable Refledion of an Uncertainty of procuring a Livelihood, as his own
private Fortune will not fupport him, and he is unable, from the vmlucky Stroke he
has felt, to obtain a Subfiftence through his own Labour; but as the honourable
Houfe has never withheld their Bounty from any Perfon who has merited their Notice,
your Memorialift is not without Hopes that his Cafe may be confidered, and his Fears
of Poverty, now but too ftrongly impreffed on his Mind, removed ; and praying the
Confideration of the Houfe therein, was prefented to the Houfe and read.
Ordered, That the feveral Petitions be referred to the Confideration of M'' Edmund
Pendleton, M'' Wafhington, W Richard Bland, Sen. and M"" George Mercer; that they
examine into the Allegations of the faid Petitions, and report the fame, with their
Opinion thereon, to the Houfe.
A Petition of John Richards, Gentleman, praying that an Adl may pafs to enable
him to keep a publick Ferr}' acrofs Rappahannock River, to and from the Town of Leeds,
in the County of King George, and to make a Caufey and Bridges through the Marfh
oppofite to the faid Town, and that he may receive the Profits thereon fo long as he fhall
keep the faid Caufey and Bridges in Repair, and that he may have for a Landing for
fuch Ferry 50 Feet fquare of Ground out of Church Lots in the faid Town, in confe-
quence of an Agreement entered into between him and the Truftees and Diredlors of the
faid Town of Leeds, was prefented to the Houfe and read.
Ordered, That a Bill or Bills be brought in purfuant to the Prayer of the faid Peti-
tion, and it is referred to M'' Edmund Pendleton and M' Richard Henry Lee to prepare
and bring in the fame.
The Order of the Day being read for the Houfe to refolve itfelf into a Committee,
to take into their further Confideration the Governour's Speech.
Refolved, That this Houfe will again refoh'e itfelf into the faid Committee imme-
diately.
Ordered, That the Report concerning the State of the Funds for the Redemption
of the Paper Currency be referred thereto.
And then the Houfe refolved itfelf into the faid Committee ; and after fome Time
fpent therein, M"' Speaker refumed the Chair, and M'' Charles Carter reported that the
faid Committee had had the faid Speech, together with the feveral Letters and Papers
to the faid Committee referred, under their further Confideration, and had gone through
the fame, and come to feveral Refolutions thereon ; which he read in his Place, and then
delivered in at the Table, where the fame were again twice read, and agreed to, with
an Amendment, and are as follow:
Refolved, That it appears to this Committee that the Fimds eftablifhed for the
Redemption of the Treafury Notes, at the feveral ftated Periods, will be fuflficient to
effect that Purpofe ; but that if, by any Accident, they fhall happen to fail, any
Deficiency ought to be fupplied by a new and adequate Tax.
Refolved, That it is the Opinion of this Committee that as the prefent Poffeffors of
the Treafury Notes have received them tmder the Faith of a law making them a legal
Tender in all Payments, except for his Majefty 's Quitrents, to alter that effential Quality
of them now would be an Adl of great Injuftice to fuch Poffeffors ; and that as the
Britifh Merchants have conftantly received, and under the prefent Regulations of our
Laws will continue to receive, fuch Notes for their Sterling Debts according to the real
Difference
12
[ i8i ]
Difference of Exchange between this Colony and Great Britain at the Time of Payment,
their Property is fo fecured as to make fuch Alteration unneceffary with refpedl to them.
Refolved, That an Adl of Affembly paffed at the laft Seffion, entitled, An Ad"^ for
Relief of infolvent Debtors, for the effedual Difcovery and more equal Difiribution of their
Eftates, ought to be repealed.
Ordered, That a Bill or Bills be brought in pxirfuant to the laft Refolution ; and it
is referred to M'' Charles Carter, M"" Bland, M'' Edmund Pendleton, M"' Wythe and M"" Rich-
ard Henry Lee, to prepare and bring in the fame.
On a Motion made,
Refolved, That an humble Addrefs and Reprefentation be prefented to his Honour
the Govemour, to commimicate to him the Refolutions of this Houfe upon the Matters
recommended in his Speech, with the Reafons on which thofe Refolves were founded,
and the State of the Fimds appointed for the Redemption of the Treafury Notes ; and
it is referred to the laft mentioned Committee to prepare and bring in the fame.
On a Motion made,
Ordered, That the Treafurer give pubUck Notice of the Amount of the Treafurj'- Notes
in his Hands, from Time to Time, which are to pafs current after the i '* of March 1765 ;
and that he be required to change thofe Notes for fuch as are to fink, and their Currency
determine, the faid i'' of March 1765; and that the Notes fo changed be immediately
burnt by the Committee appointed for that Purpofe.
13 On a Motion made,
Ordered, That Leave be given to bring in a Bill To amend an Adt, entitled, An Ad'
for laying an additional Duty cm Rum, and other diftilled Spirits, not being of the Produce
of his Majefty's Sugar Iflands; and it is referred to M"' Attorney to prepare and bring in
the fame.
On a Motion made,
Ordered, That Leave be given to bring in a Bill To amend the feveral Adls for
laying an additional Duty on Slaves, and a Tax on Wheel Carriages, Procefs, and Ordi-
nary Licenfes; and it is referred to M'' Attorney, M"" Harrifon, M'' Carter, M'' Bland, M'
Pendleton and M"" Richard Henry Lee, to prepare and bring in the fame. And
On a Motion made.
Ordered, That it be an Inftrudtion to the laft mentioned Committee to receive a
Claufe or Claiifes to deprive the Sheriffs of the Privilege of replevying where their
Goods are feized for the Taxes, alfo to make Provifion where Sheriff Bonds are loft.
And then the Houfe adjourned until Tomorrow Morning 11 "'clock.
We6nes6ar, tl)e 25tb of 5ttaY, 3 (5eo. Ill 1763,
A Claim of Jofhua Crawford, praying fome Recompenfe for a Quantity of Timber,
and Plank cut down and deftroyed, together with a Bam, a Log Houfe, and a
Malt Kiln, on his Plantation, where Fort Ligonier was eredled, to the Damage
oi£37-9-3-
A Ifo a Claim of Jofhua Powell, in Behalf of himfelf and his Company, praying to
be allowed 33 Days Pay, amotmting to the Sum of ;£44, for their Services on the
Frontiers of Halifax, by the Appointment of Colonel Abraham Maury, in the Year 1759.
Ordered, That the faid Claims be referred to the Confideration of the next Seffion
of Affembly.
A Petition of the Nottoway and Nanfemond Indians, praying that they may be
enabled, the former to fell about 4000 Acres of their Land, lying below Buckhorn Swamp,
between Nottoway River, Buckhorn Road, and a Line to be run from the faid Road to
Nottoway River, oppofite to John Brown's, and the latter their whole Tradl of Land, on
the north Side of Nottoway River, in the County of Southampton, and that an Ac?t may
pafs
I Hening, VII, p. 549. " Ibid., VII, p. 471-
[ i82 ]
pafs for that Purpofe, was prefented to the Houfe and read; and the Queftion being
put that the faid Petition be referred to a Committee,
It paffed in the Negative.
Refolved, That the faid Petition be rejedled.
On a Motion made,
Refolved, That an humble Addrefs be prefented to his Honour the Govemour, to
defire him not to continue any Sheriff in Office for a longer Time than one Year, during
the Continuance of the Laws by which Taxes are impofed for the Redemption of the
Treafury Notes, where it fhall be fignified to him that fuch Sheriff has failed to pay the
Quitrents and Taxes at the Time appointed by Law, whereby great Inconveniences
in ferving Executions on Judgments againit the Sheriff for the faid Taxes will be
prevented.
Ordered, That M-" Bland do wait on his Honour with the faid Addrefs.
A Bill For altering the Court Day of the County of Stafford was read a fecond Time,
and committed to M'' Cary, M"" Thomas Lee and M"' Eppes.
On a Motion made,
Ordered, That the faid Committee receive a Claufe or Claufes To alter the Court Day
of the County of Chefterfield.
A Bill For further continuing and amending the Adl, entitled, An Ad^ for the better
regulating and colleding certain Officers Fees, and for other Purpofes therein mentioned,
was read a fecond Time.
Ordered, That the faid Bill be engroffed, and read a third Time.
A Petition of divers Freeholders, and other Inhabitants, of the Coimty of Fred-
erick, praying that the faid Coimty may be divided, by a Line to be run from Afhby Gap,
a ftraight Courfe, imtil it interfedls the Hampfhire Line, and that an A6t may pafs for
that Pur})ofe, was prefented to the Hoiife and read.
Alfa four Petitions from the faid County, in Oppofition thereto.
Alfo a Petition of divers Inhabitants of that Part of the County of Halifax fituated
on Hyco River, praying that the Water Grift Mill built near the mouth of the faid River,
in the Year 1761, by James Hembrie, and now in the Poffeffion of one Howard Huft,
may be difcontinued, the fame being a great Obftru(5tion to the Paffage of Fifh up the
faid River, which wholly depri\'es the Petitioners of the Advantage of that Support for
their Families, and that an A6t may pafs for that Purpofe, was prefented to the Houfe
and read.
Alfo a Petition of James Hughes, of the County of Augufta, Planter, praying to be
reimburfed the Sum of ;£io. 19. 8. being the Amount of a Judgment and Cofts obtained
againft him in the Court of the faid County, in the Year 1759, by one Anderfon, of the
faid County, in Confequence of his having impreffed two of his Horfes for the Ufe of
the Frontier Batallion, notwithftanding they were valued and delivered according
to Law, and he had a Warrant from one of his Majefty's Jiiftices of the Peace of the faid
County for fo doing, was prefented to the Houfe and read.
Ordered, That the faid Petitions be referred to the Confideration of the next Seffion
of Affembly.
And then the Houfe adjourned until Tomorrow Morning 1 1 "'Clock.
H
I3bur56aY. tb<t 26tl) of iltar. 3 (Beo, III. 1763.
A Petition of the Minifters, Churchwardens, Veftrymen and others, Inhabitants
of the Parifhes of Elizabeth River, Portfmouth and St. Bride's, in the County
of Norfolk, fetting forth that great Inconveniences arife in the Execution of
the Law paffed in the firft Year of his prefent Majefty's Reign, by which the
Lands and Slaves devifed by the Will of Matthew Godfrey, deceafed, to the Poor of the
faid County, were vefted in the Truftees of the faid County, to be hired out; in as
much
« Hening, VII, p. 326.
u
[ 183 ]
much as there is no Perfon to take Care of the faid Slaves when fick, or the Females
when they are lying in, and Difputes often arife between the faid Veftries about the
Divifion of their Hire, and taking Care of the faid Slaves ; and praying that an Adl
may pafs for making Partition of the faid Slaves among the faid Parifhes, and that
the faid Land, with the Appurtenances, may be valued by difinterefted Perfons, and
the Property thereof vefted in the Veftry of the Parifh of Elizabeth River, for the Ufe
of the Poor of the faid Parifh, on their paying to the Veftries of the other two Parifhes
their Proportion of fuch Valuation, according to the Number of Tithables in each of
the faid Parifhes; and that the Money fo paid may be laid out in other Lands, and be
appropriated to the Ufe of the poor of the faid Parifhes; was prefented to the ?To\ife
and read.
Ordered, That the faid Petition be referred to the Confideration of the next Seffion
of Affembly.
An engroffed Bill, entitled, An Ad^ for ftirther continuing and amendtng the Ad,
enttiled. An Ad for the better regulating and colleding certain Officers Fees, and for other
Purpofes therein mentioned, was read a third Time.
Refolved, That the faid Bill do pafs.
Ordered, That M'' Bland do carry up the faid Bill to the Coimcil for their Concurrence.
M'' Gary reported that the Committee to whom the Bill To alter the Court Day of
the Coimty of Stafford was committed had made fome Amendments thereto ; which he
read in his Place, and then delivered the Bill with the Amendments in at the Table,
where the Amendments were again twice read, and agreed to.
Ordered, That the faid Bill with the Amendments be engroffed, and read a third
Time.
A Petition of the Mayor, Recorder, Aldermen, Common Covmcil, and other Inhab-
itants, of the Borough of Norfolk, fetting forth that frequent Robberies have of late been
committed in the faid Borough, to the great hois, of the Inhabitants, chiefly owing to
the Want of a regular Watch ; and praying that an Adl may pafs to enable the Common
Hall of the faid Borough to affefs fuch Taxes, from Time to Time, on the Inhabitants
thereof, as fhall be fufficient for keeping and fupporting a nightly Watch, and alfo for
eredling Lamps, within the Limits of the fame, was prefented to the Houfe and read.
Ordered, That a Bill or Bills be broiight in purfuant to the Prayer of the faid Petition,
and it is referred to M"" Hutchings, M'' Gary and M'' Attorney, to prepare and bring in the
fame.
M'' Charles Garter, from the Committee appointed, prefented to the Houfe, accord-
ing to Order, a Bill To repeal an Adt, entitled. An Ad" far Relief of infolvent Debtors, for
the more effedual Difcovery and more equal Diftribution of their faid Eftates; and the
fame was read the firft Time, and ordered to be read a fecond Time.
M"" Attorney, from the Committee appointed, prefented to the Houfe, according to
Order, a Bill To amend an Adl, entitled, An Ad^ for laying an additional Duty on Rum
and other diftilled Spirits, not being of the Produce of his Maiefty's Sugar Iflands; and the
faid Bill was read the firit Time, and the Queftion being put that the fame be read a
fecond Time,
It paffed in the Negative.
/?^/bto^c?. That the faid Bill be rejedled.
On a Moticni made.
Ordered, That Leave be given to bring in a Bill To reduce the Duties on Northern
Rum, and it is referred to M'' Richard Henry Lee to prepare and bring in the fame.
A Petition of fundr^' Inhabitants of the County of Hampfhire, praying that an Adt
may be paffed granting a Premium to encourage the killing of Wolves in that and the
neighboring Covmties on the Frontiers of this Colony, that a Peft fo numerous and
deftrudlive to their Stocks may be put an End to, was prefented to the Houfe and read.
Ordered, That the faid Petition be referred to the Confideration of the next Seffion
of Affembly.
Mr
1 Hening, VII, p. 645. ' Ibid., VII, p. 549. 3 Ih-id.. VII, p. 471.
[ i84 ]
M"^ Charles Carter prefented to the Houfe, according to Order, a Bill To amend the
feveral Ads for laying an additional Duty on Slaves, and a Tax on Wheel Carriages,
Procefs, and Ordinary Licenles ; and the laid Bill was read the firft Time, and ordered
to be read a fecond Time.
M-- Edtnund Pendleton prefented to the Houfe, according to Order, a Bill To empower
John Richards, Gentleman, to keep a Ferry to and from the Town of Leed's, in the County
of King George; and the faid Bill was read the firft Time, and ordered to be read a fecond
Time.
M' Grymes prefented to the Houfe, according to Order, a Bill For amending the Adl ,
entitled, An Ac?" for enlarging the Towns of Frederickfburg and Winchefter, the City of
Williamfburg, and Town of Dumfries, and for other Purpofes therein mentioned; and the
faid Bill was read the firft Time, and ordered to be read a fecond Time.
On a Motion made,
Ordered, That Leave be given to bring in a Bill For giving the Sheriffs a more effedl-
ual Remedy againft their Under Sheriffs and Securities, for Monies received by them
for his Majefty's Quitrents, and on Executions and other Procefs; and it is referred to
M'^ Henry Lee to prepare and bring in the fame.
M' Hutchings prefented to the Houfe, according to Order, a Bill To empower the
Common Hall of the Borough of Norfolk to affefs fuch Taxes, from Time to Time, on
the Inhabitants thereof, as fhall be fufficient for keeping and fupporting a nightly Watch,
and erecting Lamps, within the Limits of the fame ; and the faid Bill was read the firft
Time, and ordered to be read a fecond Time. And
On a Motion made,
The iaidBill was read a fecond Time, and committed to M" Bradley and M'^ Hutchings.
On a Motion made,
A Bill To empower John Richards, Gentleman, To keep a Ferry to and from the
Town of Leeds, in the County of King George, was read a fecond Time, and fome Amend-
ments were made thereto.
Ordered, That the faid Bill with the Amendments be engroffed, and read a third
Time.
On a Motimi made,
A Bill For amending the Adl, entitled, An Ad' for enlarging the Towns of Frederickf-
burg and Winchefter, the City of Williamfburg, and Town of Dumfries, and for other
Purpofes therein mentioned, was read a fecond Time.
j. Ordered, That the faid Bill be engroffed, and read a third Time.
■ A Petition of James Walker, fetting forth that he was a Lieutenant in the Frontier
Battalion in the Year 1759, and recruited 60 Men for the faid BattaUon, and was only
allowed isf. a Man for recruiting, and 8d. a Day for Subfiftence; that he hath been
informed that the Officers have fince been allowed 3of. a Man, and if. a Day for recruit-
ing Expenfes and Subfiftence; and praying the Confideration of the Houfe therein,
and that his Allowance may be made adequate to theirs, was prefented to the Houfe
and read.
Alfo a Petition of Henry Darnell, praying that he may be allowed for three Recruits,
who, being taken fick upon the Road before they arrived at the Place of Rendezvous,
were refufed by the Commander, as unfit for the Duty they were intended for, was alfo
prefented to the Houfe and read.
Ordered, That the faid Petitions be referred to the Confideration of the next Seflion
of Affembly.
And then the Houfe adjourned until Tomorrow Morning 11 "'Clock.
Trlday
Hening, VH, p. 314. ' Ibid., VII, p. 314.
[ i85 ]
Trl6aY, t^e 27th of yUa^, 3 (&eo» III 1763.
MR Bland reported that he had, according to Order, waited on his Honotir
the Govemour with the Addrefs of this Houfe, to defire him not to continue
any Sheriff in Office for a longer Time than one Year, agreeable to a Refo-
lution of the Houfe of Wednefday laft ; and that his Honour was pleafed to fay-
he would confider the Matter, and return an Anfwer to the faid Addrefs.
M"" Richard Henry Lee prefented to the Houfe, according to Order, a Bill To reduce
the Duty on Northern Rum ; and the faid Bill was read the firft Time, and ordered to be
read a fecond Time. And
On a Motion made.
The faid Bill was read a fecond Time, and committed to M"- Richard Henry Lee,
W Bradley and M"" Wythe.
A Meffage from the Council was delivered by M"" Walthoe.
That they have agreed to the Bill, entitled, An A(5l' for further continuing and amending
the Adt, entitled. An Adl for the better regulating and colledling certain Officers Fees,
and for other Purpofes therein mentioned.
M"- Henry Lee prefented to the Hoxafe, according to Order, a Bill For giving the
Sheriffs a more effectual Remedy againft their Under Sheriffs, and Secvuities, for Monies
received by them for his Majefty's Quitrents, and on Executions and other Procefs;
which was read the firft Time, and ordered to be read a fecond Time.
A Petition of John Gregg, by his Guardian John Baylis, fetting forth that by an Adt
of Affembly paffed laft Seflion, for the Removal of Occoquan Infpedtion to Colchefter,
the faid Gregg fuffered confiderable Damage, he having fimk a large Sum of Money in
building and repairing feveral Warehoufes for the Reception and Security of Tobacco
there, which the faid Law has rendered ufelefs and unprofitable to him; and praying
the Confideration of the Houfe therein, was prefented to the Houfe and read.
Ordered, That the faid Petition be referred to the Confideration of the next Seffion
of A£fembly.
An engroffed Bill, entitled. An Ad' for altering the Court Days of the Cmmties of
Stafford and Chefterfield, was read a third Time, and the Blanks therein filled up.
Refolved, That the faid Bill do pafs.
Ordered, That M"^ Richard Henry Lee do carry up the faid Bill to the Council for
their Concurrence.
M' Attorney informed the Houfe that his Honour the Govemour would comply with
the Addrefs of this Houfe relative to the Continuance of Sheriffs in Office.
A Petition of Daniel Hutchings, Matter of the Packet Boat between Norfolk and
Williamfhurg, praying that the faid Packet may be eftablifhed by Adl of Affembly, and
that he may be appointed Keeper thereof, and that no other Perfon may exercife the faid
Bufinefs, was prefented to the Houfe and read ; and the Qi:eftion being put that the
faid Petition be referred to a Committee,
It paffed in the Negative.
Refolved, That the faid Petition be rejedled.
M' Pendleton reported that the Committee to whom the Petitions of the Officers
and Soldiers of the late Virginia Regiment were referred had examined into the AUega-
" tions thereof, and found them to be true, and agreed upon a Report, and come to feveral
Refolutions thereon; which he read in his Place, and then dehvered in at the Table,
where they were again read, and are as follow :
On Confideration of the Memorial of Lieutenant Charles Smith, that he had received
a Woimd in the Service of the Colony, by which he loft his left Hand, and Part of his Arm,
Refolved, That the Allegations of the faid Memorial are true, and that the faid
Charles Smith ought to be allowed the Sum of £40 a Year during his Life, towards his
Support.
On
■ Hening, VII, p. 645. ' Ibid., VII, p. 656.
[ i86 ]
On Confideration of the Petition of Lieutenant Thomas Gift, that he had in the
Service of the Colony received a Wound in his right Hand, which has ahnoft deprived
him of the Ufe thereof,
Refolved, That the Allegations of the faid Petition are true, and that the faid Thotnas
Gift ought to be allowed the Sum of ;£4o a Year during his Life, towards his Support.
On Confideration of the Petition of Sergeant William Shaw, letting forth that in
an Engagement with the Indians, in the Year 1756, he was taken Prifoner, and to prevent
his Efcape had his Toes cut off from both his Feet, the Wotmds of which ftill remain
unhealed, and are ver>' painful to him, whereby he is rendered incapable of maintaining
himfelf ; that he had eight Months Arrears of Pay due to him when taken, and continued
a Prifoner for 33 Months, his Pay for which Time amoimted to ;£82 ; that on his Petition
to this Houfe, in February 1759, he was allowed the Sum of /^6o, which was £22 fhort
of his Pay; and he is now without any Allowance for his Support, and incapable of
maintaining himfelf ;
Refolved, That the Allegations of the faid Petition are true, and that the faid William
Shaw ought to be paid the faid Sum of ;;^2 2 by the Pub lick, and be allowed £10 a Year
during his Life, for his Support.
On Confideration of the Petition of Henry Emmerfon, it appears to the Committee
that he was enlifted in the Year 1754, and continued in the Service, and behaved well,
until the Forces were difbanded, and is now of fuch an advanced Age, and fo infirm,
that he does not appear to the Committee to be capable of working for his Livelihood.
Refolved, That the faid Henry Emmerfon ought to be allowed the Sum of £5 a Year
during his Life, towards his Support.
On Confideration of the Petition of Edward Childs, fetting forth that he had received
a Wound in his left Hand, by which he entirely loft his Thumb, and that his Hand was
thereby almoft rendered ufelef s ; that he was taken Prifoner by the Indians in Colonel
Grant's Engagement, and detained as a Prifoner twenty Months, during which Time he
fuftained great Hardfhips; it appears to the Committee that the faid Allegations are
true, and that the Petitioner, on Application to this Houfe in Odober 1760, was allowed
only his Pay during the Time of his Captivity.
Refolved, That the faid Edward Childs ought to be allowed the Sum of £z, a Year
during his Life, towards his Support.
On Confideration of the Petition oi John Ram fay, it appears to the Committee that
he was in the Service as a Soldier in the Battle at the Great Meadows in 1754, where he
behaved in a cowardly daftardly Manner, and that he with great Difficulty was fome
Time kept in the Ranks; that at Length he quitted them through Fear, but was again
brought back, and at laft he was miffmg; but as the Troops were overpowered by
Numbers, and obliged to retreat, it does not appear whether he was taken Prifoner, or
voluntarily furrendered himfelf, or fled to the Enemy ; that he was in the Regiment at
the Time of its being difbanded ; that he was abfent from the Colony five Years and
fix Months, from the Day of the Engagement at the Meadows, his Pay for which Time
would amount to £66, no Part of which he has received.
Refolved, That it is the Opinion of this Committee that the faid Petition be rejedted.
On Confideration of the Petition of Thomas Branan, praying to be allowed for two
Hories impreffed into the Service, and never returned to him ; for the Hire of another
Horfe, for eight Days; for his Pay as Sergeant, for fix Months; and fome Provifion for
his Support, in Confideration of a Wound he received in his Neck in the Service; it
appears to this Committee that the faid Branan received a Woimd in the back Part of
his Neck, but how it afTedts him does not appear to us, otherwife than as he alleges the
fame is prejudicial to his Sight.
Refolved, That the faid Thomas Branan ought to be allowed the Sum of ;,<rio, as a
Recompenfe for his faid Wound.
Refolved, That the Refidue of the faid Petition ought to be rejedled, for Want of
Proof of its Allegations.
The fecond Refolution being twice read, was difagreed to by the Houfe.
The
C 187 ]
The iirft, third, fourth, fifth, fixth, feventh and eighth, Refolutions being alfo twice
read, were agreed to.
Ordered, That the faid Refolves be engroffed, and that M'' Edmund Pendleton do
carry them up to the Council for their Concurrence.
M'' Richard Henry Lee, from the Perfons to whom the Bill For reducing the Duties
on Northern Rum was committed, reported that they had made feveral Amendments
thereto ; which he read in his Place, and then delivered the Bill with the Amendments in
at the Table, where the Amendments were again twice read, and agreed to by the Houfe.
Ordered, That the Bill with the Amendments be engroffed, and read a third Time.
On a Motion made,
Refolved, That Lieutenant Thomas Gift be allowed by the Publick £ss ^ Year during
his Life, towards his Support.
Ordered, That the faid Refolve be engroffed, and that M'' Pendleton do carry it to
the Council for their Concurrence.
A Petition of Edward Hubbard and James Gunn, Captains of two Companies of
Artificers employed on the Works of Pittfburg, praying to be allowed fome additional
Pay for their extraordinary Diligence therein, was prefented to the Houfe and read.
Ordered, That the faid Petition be referred to M'' Archibald Gary, M'' Benjamin
Gocke* and M'' Mercer; that they examine into the Allegations thereof, and report the
fame, with their Opinion thereon, to the Hoiofe.
An engroffed Bill, entitled, An Ad^ for enlarging the Towns of Frederickfburg and
Winchefter, the Gity of Williamfburg, and Town of Dumfries, and for other Purpofes
therein mentioned, was read a third Time.
Refolved, That the faid Bill do pafs.
Ordered, That M"" Grymes do carry it up to the Council for their Concurrence.
An engroffed Bill, entitled, An Ad' to empoiver John Richards, Gentleman, te keep
a Ferry to and from the Toivn of Leed's in the Gounty of King George, was'read a third Time.
Refolved, That the faid Bill do pafs.
20 Ordered, That M^ Edmund Pendleton do carrA^ it up to the Council for their
Concurrence.
A Bill For continuing and appropriating the additional Duty on Slaves, and the
Tax on Wheel Carriages, Ordinary Licenfes, and original Procefs, and for other Purpofes
therein mentioned, was read a fecond Time.
Ordered, That the faid Bill be engroffed, and read a third Time.
Ordered, That M'' Attorney and M' Gary be added to the Committee to whom the
Bill To empower the Common Hall of the Borough of Norfolk to affefs fuch Taxes, from
Time to Time, on the Inhabitants thereof, as fhall be fufficient for keeping and fupport-
ing a nightly Watch, and eredling Lamps, within the Limits of the fame, is referred.
A Bill To repeal the Adt, entitled, An Ad^ for Relief of infolveni Debtors, for the
effedual Difcovery and more equal Diftribution of their Eftates, was read a fecond Time.
Ordered, That the faid Bill be engroffed, and read a third Time.
On a Motion made,
A Bill For eftablifliing a better Method of appointing Sheriffs, was read a fecond Time.
Ordered, That the faid Bill be engroffed, and read a third Time.
And then the Houfe adjourned until Tomorrow Morning 11 °'Glock.
Satur6tt?. tl)e 261^ of 5tla^ 3 (Beo, III 1763,
A Petition of John Terrier, of the County of King George, praying to be allowed
fome Compenfation for the Ravages committed by the Virginia Regiment
during their Encampment on his Plantation, in the Year 1762, to a large
Amount, was prefented to the Houfe and read, and referred to the Confidera-
tion of the next Seffion of Affembly.
On
• Hening, VII, p. 314. " Ibid., VII, p. 657 3 Ibid., VII, p. 549.
■♦ Evidently intended for Bowler Cocke of Henrico, as the name of Benjamin Cocke does not appear in the
lift of Burgeffes.
[ i88 ]
On a Motion made,
Ordered, That Leave be given to bring in a Bill For altering the Court Day of
the County of Gloucefter, and it is referred to M' John Page to prepare and bring in the
fame.
An engroffed Bill, entitled, An Ad' to reduce the Duty on Northern Rum, was read
a third Time.
Refolved, That the faid Bill do pafs.
Ordered, That M' Richard Henry Lee do carry up the faid Bill to the Council for
their Concurrence.
An engroffed Bill, entitled. An Ad' for giving the Sheriffs a more effedual Remedy
again ft their Under Sheriffs, and Securities, for Monies received by them for his Majefty's
Quitrents, and on Executions and other Procefs, was read a third Time.
Refolved, That the faid Bill do pafs.
Ordered, That M-- Henry Lee do carry up the faid Bill to the Coimcil for their
Concurrence.
M^ Page prefented to the Houfe, according to Order, a Bill For altering the Court
Day of the County of Gloucefter, which was read the firft Time, and ordered to be read
a fecond Time.
An engroffed Bill, entitled, An Ad^ to repeal an Ad, entitled, An Ad for Relief of
tnfolvent Debtors, for the effedual Difcovery and more equal Diftribution of their Eftates,
was read a third Time.
Refolved, That the faid Bill do pafs.
Ordered, That M"- Charles Carter do carry up the faid Bill to the Council for their
Concurrence.
M' Charles Carter reported that the Committee appointed had, according to Order, 21
prepared an Addref s and Reprefentation to his Honour the Govemour ; which he read
in his Place, and then delivered in at the Table, where the fame was again twice read,
and agreed to by the Houfe, as follows:
Sir,
Your Honour having, with your accuftomed Candour and Goodnefs, communicated
to us the Complaiyit of fonie London Merchants trading to this Colony to the Right Honour-
able the Lords of Trade and Plantations, and their Lordfhips Refolutions thereupon, we
took the fame under our ferious Confideraiion, and find our f elves u-nder the Neceffity of
vindicating tlie Integrity and U prightnefs of our Proceedings, every Way, in our Opinion,
confiftent with our Duty to our King, and the true Intereft of our Country.
Our Dependence upon Great Britain we acknowledge and glory in as our greateft
Happtnefs and only Security; but this is not the Dependence of a People fubjugated by the
Arms of a Conqueror, but of Sons fent out to explore and fettle a new World, for the mutual
Benefit of ihemfelves and their common Parent: It is the Dependence of a Part upon one
great Whole, which, by its admirable Conftitution, diffufes a Spirit of Patriotifm that makes
every Citizen, however diftant from the Mother Kingdom, zealous to promote its Majefty
and the publick Good.
By fuch a Spirit, and by fuch Principles, Sir, hath our Condud ever been influenced;
and we hope we may, without Arrogance, take this Charader to ourfelves, fince our late and
prefcnt .Sovereigns Iiave been pleafed frequently to beftow it upon us for the Part we took in
the late War, when we did, as far as we were able, contribute to the Succefs of the Britifh Arms.
This Condud, though it hath received the royal Approbation, a Reward adequate to
our warmeft Wiflies, hath neverthelefs involved us in a great Debt; which, as it was created
for the noble ft Purpofe, we fhotdd cheerfully fuftain, if the Merchants had not raifed a moft
unrcafonable Clamour againft our Paper Bills of Credit: In the Emifficnts of which, when
a true and particular State of the Fads fhall be laid before you, and the Matter rightly under-
ftood, we doubt not a Zeal fo well intended will rather be imputed to us as meritorious than
liable to any Exception.
The
■ Hening, VII, p. 646. ' Ibid., VII, p. 64S. 3 Ibid., VII, p. 643.
22
[ i89 ]
The Memorial, we are concerned to find, is fupported by a Proteft of fome of his Majefty's
Council here. We would leave this Proteft to its Repofe, until Pofterity, for whom it
is faid to have been defigned, fhould think it worth a Perufal, had it not been communicated
by the Authors of it with a View to alarm the trading Intereft, and applied to Purpofes, and
produced Effeds, which we hope the Protefters themfelves did not intend; but fince that hath
raifed the Apprehenfions of the Memorialifts, and inftigated them to folicit the Interpofition
of the Right Honourable the Board of Trade, we muft do Juftice to ourfelves by examining
the Grounds of it. It is alleged " that the Want of a fufficient Quantity of circulating Money
was at firft the Pretence of iffuing Paper Bills of Credit. " This is fuppofed to have meant,
as it was underftood, to inflnuate that thefe Emiffions were to anfwer private Purpofes;
but, if it be remembered that all our neighbouring Colonies had lo^ig before adopted, and
moft of them repeated, the Expedient of Paper to fupply the Want of Specie in Time of
Peace, but that we did not folloiv their Example before the laft War, after all our Treafure
was anticipated, and that even then we chofe at firft to borrow £10,000 granted for his Majefty's
Service, at the high Intereft of fix per Centum, and never, until after that Re four ce failed,
went into a Meafure fo little relifhed, and always, except in one Inftance of trifling Confe-
quence, confined the Amount of the Notes to the Money granted: If thefe notorious Truths
are cuimitted, we leave it to the Judgment of the Difinterefted whether at fuch a Crifis, when
an adual Invafion threatened, if not timely and vigoroufiy oppofed, our total Extermination,
the powerful Principle of Self Prefervation, co-operating with the Requifitions of a moft
gracious Sovereign, are not fufficient to acquit us of any fordid or unjuft Motives.
It is faid in the Proteft " that the Apprehenfions of the Mifchiefs that muft be the Confe-
quence of iffuing more Paper Money were fufficiently warranted by the acknoivledged
Deficiency of the Taxes for finking what had iffued, a Deficiency fo alarming to a preced-
ing Affembly that it aftonifhed the Warmeft Advocates for Paper Money. " By whom this
acknowledgment was made, or what Part of the Affembly was alarmed at it, we know not;
but this we know, and do affert, that there are no warm Advocates for Paper Aloney among
us, further than to preferve the Credit of what hath been iffued, and prevent the evil Confe-
quences of ftopping its Circulation at this Time; atui that no fuch Deficiency ever appeared,
or was alarming to, or acknowledged by us.
Indeed, upon Examination of the Treafurer's Accounts, it appeared that many Sheriffs
had not paid in the Taxes received by them, and therefore fo much Money was not annually
burnt as was intended by the Laws. This raifed the Refentment of the Houfe againft thefe
Officers, and confiftently with their uniform Intentions to ufe every Method for enforcing
regular Colledions of the Taxes, and finking annually the due Proportion of this Paper
they ordered the Sheriffs in Arrears to be profecuted on tlieir Bonds, which, as our Taws
have provided a fpeedy Remedy againft them, and they give fufficient Security, hath already
brought in a confiderable Part of thofe Arrears, and will, we hope, remove all Caufe of
Complaint on that Accomit. But this Negled in the Officers is very diftinguifhable from
an Infufficiency in the Taxes, which we never doubted were fufficient, if properly colleded,
to effed the Purpofe of Redemption ; and we are now confirmed in this Opinion, by a ful
State of the Notes in Circulation, and of the Taxes, winch we have caufed to be truly drawn,
and annexed hereto, for the Satiffadion of ycntr Hcnwur, atid every Perfon concerned.
From this it will appear that the diffenting Members of the Council were betrayed into
a too hafty Affertion of thefe Fads, by a Warmth arifing from a Difference of Opinion about
the Utility of the Laiv whereto their Proteft related; of which we will now take Leave, and
proceed to the Confideration of the Memorial itfelf, and the Refoluttons of the Right Honour-
able the Board of Trade thereupon.
Our Reafons for not providing at this Time for the fuppofed Deficiency in our Taxes,
will appear from what is before fet forth; but to exprefs, what we always conceived, that our
publick Faith is engaged to fupply any accdiental Failure in thofe Taxes, we have upon
this Point come to the following Refolution:
''Refolved, That it appears that the Funds eftablifhed for the Redemption of the Treafury
Notes, at the feveral ftated Periods, will he fufficient to effed that Purpofe; but that if, by
any
[ I90 ]
avy Accident, they fhall happen to jail, any Deficiency ought to he fupplicd by a new and
adequate Tax."
The next Thing pointed out to us is the declaring thefe Notes not a legal Tender in
Payment of Sterling Debts, but that they may be received by fuck Creditors only as are
willing to accept them, and then not at their nominal Value, but according to the real Differ-
ence of Exchange betiveen fuch Paper Bills and Sterling Money at the Time of Payment.
In entering upon this Conftderation we encounter a Charge ivhich very deeply affects
us, that we have been wanting in a proper Refped to the Crown, as well as in Jnftice to the
Britifh Merchants, in refufing to comply with what was recommended by hts late Majefty's
Inftrudion of tfie ji" of January, 175Q: When that Inftrudion was cmnmunicated to us
by your Honour, wc conftdcred it with the Attention and Regard due to whatever comes from
the Throne; but, as we muft be allowed to judge for ourfelves, fo far as our Sandion is
neceffary to any Law, and could not he convinced that the Meafure propofed ivas proper,
we did indeed decline to pafs fuch a Law, but at the fame Time, in an humble Addrefs
and Reprcfcntation to his Majcfty, modeftly fet forth the Reafons of our Condud, which
we prefumed to hope would preferve us from the Imputation of Difrefped to the Crown,
and from the royal Difpleafure. And as we heard of no further Complaints from the
Britifh Merclmnts on this Subjed, from that Time until the Meeting of this Seffion, we
concluded they were fatiffied of our Intentions to do them Juftice; and ive can venture to
fay that had we known our Reafons were not fatiffadory, it would have prevented feveral
fubfequent Emiffions, and particularly the laft, which gave Rife to the prefent Complaint.
The Memorialifts allege that Exchequer Bills and Notes of the Bank of England were
not made legal Tender in Payment of Debts, although they are upon a better Eftablifhment
titan our Notes, and deduce an Argument from thence againft ours being declared fuch
Tender, not conjidering, as we conceive, the true Diftindion in the Cafes. The Notes of
the Bank of England, circulated upon Stocks of Specie, depofited to anfwer Payments when
demanded, were not forced upon any Perfon, nor was it neceffary: There was no Doubt of
their aniwering every local Purpofe of Money; and ivhen in the Cafe of Remittances to
foreig)i Countries Specie became neceffary, as they could obtain that for their Notes, no
poffihle Fear could prevent the willing Receipt of them, and make a Law to compel an
Acceptance proper. We cannot deny but this makes that Kind of Paper preferable to ours,
and we fhould gladly have purfued fo eligible a Plan, if our Circum fiances would have
admitted it; but when it is confidered that the Want of Specie, which had been drawn away
by the Armies to the Northward, it'as the fole Caufe of iffuing our Notes, there will require
no other Reafon to he affigned for our not circulating them upon the Footing of Bank and
Exchequer Notes. We had therefore no other Method than to emit thefe Notes to circulate
as Money for a fhort limited Time, and to impofe fuch Taxes as fhould effedually procure
their Return to the Treafury, or Gold and Silver fufficient to redeem them by the Time
appointed. And fincewe were to force them as Money upon our Army, and thofe who furnifhed
them with Neceffaries, we conceive it would have been very unjuft to have left their Creditors
at Liberty to take it of them or not; and the fame Injuftice muft have happened wherever
it had been ftopped. We therefore thought ourfelves obliged not only to give it that effential
Quality of Money, to make it a legal Tender m all Payments, but to add feveral other
Reftridions, to preferve its Credit, and prevent the Defigns of the Avaritious to depreciate
it far their private Gain.
But at the fame Time we confidered how the Intereft of the Britifh Merchants might
be affeded by this Money, and, at leaft as far as was in our Power, if not effedually, fecured
that from Injury.
We ever confidered ourfelves as under an Obligation to difcharge our Debts contraded
in Great Britain, either in Sterling Money or foreign Coin, received by Confent of the
Creditor, or his Attorney here, at fuch a Rate for the Difference of Exchange as would place
the Money in Great Britain without lofs. If the Creditor and Debtor could not agree about
this Difference, as Reference to Arbitration, or to the Courts of Juftice, was the only regular
Method of fettling it between them. But as the Demand, and in Confequence the Judgment,
was for Sterling Money, and until the Year 1748 there was no Law direding at what Rate
of
24
[ X9X ]
of Exchange Sterling Debts fhould be difcharged, the Confequence was that the Sheriffs,
when they levied Money by Executions on Judgments for Sterling, demanded what Exchange
they thought proper, to the great Oppreffion of the Debtor, and ivithout any Advantage to
the Creditor. The Affembly then thought proper to put a Stop to fuch unjuft Proceedings,
and, by the Ad, entitled. An Adl declaring the Law concerning Executions, and for
Relief of infolvent Debtors, direded fuch Executions far Sterling Money to be levied at
25 per Centum, the real Difference of Money, and the then Difference of Exchange. The
Britifh Merchants complained of this Ad, and reprefented that they might be confiderable
Lofers when Exchange fhould rife above 25 per Centum, which the Affembly took into their
Confideration, and endeavoured to provide a Remedy for. They knew that, as Exchange
is fiuduating, they could not do Juftice by fixing it to any certain Standard; and therefore,
by the fnbfequent Law taken Notice of in the Memorial, they empowered the Courts, where
Sterling Judgments fhould be obtained, to fettle at what Rate of Exchange the fame fhould
be difcharged, which they conceived would enable the Britifh Creditor to place his Money
there without Lofs, as it was not doubted but the Courts would be governed by the higheft
Exchange given at the Time for Bills drawn payable in Britain .
But the Memorialifts fay, this is not an ample Security of their Property againft the
evil Confequences of Paper Money being declared a Tender for their Debts. We will beg
Leave to consider their Reafons, in Support of this Affertion in the Order they have
mentioned them:
The fir ft is, they are advifed that the Law of 1748 is ftill in Force, having received the
royal Affent, which the amending Law could not obtain, as the former remained unrepealed.
This amending Law is not fufpended for his Majefty's Approbation, but, from the Terms
of it agreeable to the royal Inftrudions, was in Force from the Time of its paffing here
until his Majefty fhall declare his Dtffent and Repeal thereof ; which not having happened,
and the Courts here allowing the Force of that amending Law, and adtng according to the
Spirit thereof, we conceive it would have been more for the Intereft of the Memorialifts to
have folicited his Majefty's Approbation of that Law, if they thought it neceffary, than to
have founded Objedions on its not being in Force; and if tJte royal Diffent, or any Deter-
mination here, that the Law was not in Force, had turned to their Prejudice, they then
might have co^n plained ivith Reafon on this Head.
The next Objedion to this Remedy is, that it is left to the Colony Judges to fettle the
Exchange upon Sterling Judgments in fuch Manner as they fJtall think reafonable and juft,
which they fay is introducing a Mode and Form of Juftice unheard of in the 'Qr\t\ih Realm.
We have before obferved that when we have not Sterling Money to pay Debt due in Great
Britain, the Debtor is left to compound with his Creditor for Payment in foreign Coin, or
Treafury Notes, at fuch Rate of Exchange as they can agree on; if a Difpute fhall arife
on that Head, which they cannot adjuft between themfelves, to whom can it be referred, but
as all other Difpu tes are, to the Courts of Juftice, the true con ftitutional Re fort? A nd we cannot
difcover what the Memorialifts men by calling this a new Mode of Juftice, unlefs it be
25 that the Point fhould be tried by a Jury, and not by the Courts, in which, if we erred, it was
from a miftaken Opinion that the latter would prove in this Inftance the moft competent
and impartial Judges. And as the Coiirts have conftantly, in the Exercife of this Power,
allowed the higheft Rate of Exchange, as fettled by the general Confent of all the Traders,
at which Bills of Exchange upon Great Britain were fold at the Time, ive humbly infift
that Sterling Debts are virtually paid m Treafury Notes, not according to their nominal
Value, but according to the real Difference of Exchange between them and Sterling Money.
But it is faid. Experience hath fhown, inmany'Jnftances, this Mode to be infufficient,
in as much as the Exchange hath rifen, between the Time of the Orders of Court and a Poffi-
bility of the Creditors obtaining a Remittance, to his Difadvantage . We allow there have
been fuch In fiances, but we muft be permitted to fay the Difadvantage hath hitherto been
fmall and inconfiderable, of a cafual Nature, againft which no human Laws can provide,
and for which therefore we cannot fuggeft a Remedy; and the Injuries fuftained will be fully
compen fated by the Advantages the Creditors muft inevitably receive, in the fame Propor-
tion, from the prefent declining State of Exchange, By the Method propofed, inftead of this
objeded
[ 192 ]
objected to, the Creditor is at Liberty to refufc this Paper unlefs paid him at fuch Rate of
Exchange as he is pleafed to demand; and we submit to all Mankind to determine which
is mo ft liable to Objedion, to refer the Decifion to difinterefted Judges, tinder the Obligation
of an Oath, to do equal and impartial Juftice, or to the Creditor, under the Temptation of
Iniereft, to take Advantage of his Debtor's Neceffity, and extort fuch Difference as might be
very oppreffive, which we conceive would diredly tend to deftroy the Credit of our Paper
Money, and introduce the greatcft Mifchiefs
We hope we have fully explained the Juftice and Neceffity of having made thefe Notes
a Tender in all Payments, guarding as we did the Intereft of the Sterling Creditors; and
if this was originallv right, every Argument muft doubly militate againft an Alteration
at this Time in this effential Point: For, when thefe Notes have been allowed to circulate
feveral Years, and the prefent Poffeffors have received them under the Faith of a Law
which obliged their Creditors to take them in the fame Manner, to take away that Obligation,
and to ftop the Paper in their Hands, would be an Ad of Injuftice, which, in our Opin-
ion, bears no Proportion to any poffible Injury the Sterling Creditors fuftained, or can
receive, from continuing the Notes mi their prefent Footing.
For thefe Reafons, after the mo ft mature Deliberation, ive cannot alter our former Opin-
ion, and have come to the folloiving Refolution:
•'Refolved, That as the prefent Poffeffors of the Treafury Notes have received them
under the Faith of a Law making them a legal Tender in all Payments, except for his
Majeftvs Quitrents, to alter that effential Quality of them now ivould be an Ad of great
Injuftice to fuch Poffeffors, and that as the Britifh Merchants have conftantly received,
and under the prefent Regulations of our Laws will continue to receive, fuch Notes for
their Sterling Debts, according to the real Difference of Exchange between this Colony and
Great Britain, at the Time of Payment, their Property is fo fecured as to make fuch
Alteration unneceffary with Refped to them."
Ordered, That the faid Addrefs and Reprefentation be fairly tranfcribed, and
prefented by the Committee who prepared it, together with the State of the Funds for
the Redemption of the Treafury Notes.
An engroffed Bill, entitled, An Ad' for continuing and appropriating the additional 26
Duty on Slaves, and the Taxes on Wheel Carriages, Ordinary Licenfes, and original Pro-
cefs, was read a third Time.
Refolved, That the faid Bill do pafs.
Ordered, That M"" Edmund Pendleton do carry it up to the Cotuicil for their
Concurrence.
On a Motion made,
The Bill For altering the Couit Day of the County of Gloucefter, was read a fecond
Time.
Ordered, That the faid Bill be engroffed, and read a third Time.
On a Motion made,
Refolved, That the feveral Sums following be paid to the feveral Oflflcers of the
General Affembly, ref pe(5lively :
To John Randolph, Efq ; Clerk of the Hotife of Burgeffes £ roo
To Nathaniel Walthoe, Efq ; Clerk of the Geeneral Afembly 40
To the Rev. M"" William Yates, Chaplain, 20
To M'' Francis Eppes, Sergeant at Arms 30
To the Doorkeeper of the Covmcil, 6
To James Lavie. . . .
To Nathaniel Hix . .
To John Brocuirib . .
To Thomas Francis.
Doorkeepers to the Houfe, <
6
6
6
6
Ordered, That the faid Refolve be engroffed, and that M"" Richard Henry Lee do
carry it up to the Cotmcil for their Concurrence.
An
■ Hening, VII. p. 639.
[ 193 ]
An engroffed Bill, entitled, An Ad^ for altering the Court Day of the County of Glou-
cefter, was read a third Time, and the Blanks therein filled up.
Refolved, That the faid Bill do pafs.
Ordered, That M'' John Page do carry it up to the Council for their Concurrence.
Two Claims of Cornelius Lartham and Charles Byrne, for taking up Runaways there-
in mentioned, were prefented to the Houfe and received, and referred to the Conlidera-
tion of the next Seffion of Affembly.
On a Motion made,
Ordered, That Leave be given to bring in a Bill For paying the Burgeffes Wages
in Money for this prefent Seffion of Affembly, and it is referred to M*" Archibald Cary
to prepare and bring in the fame.
M'' Bradley reported that the Committee to whom the Bill To empower the
Common Hall of the Borough of Norfolk to affefs fuch Taxes, from Time to Time, on the
Inhabitants thereof, as fhall be fufficient for keeping and fupporting a nightly Watch,
and eredting Lamps, within the Limits of the fame, was referred, had made feveral
Amendments thereto; which he read in his Place, and then delivered the Bill with the
Amendments in at the Table, where they were again read, and agreed to by the Houfe.
Ordered, That the faid Bill with the Amendments be engroffed, and read a third
Time.
And then the Houfe adjourned until Monday Morning ii "'Clock.
^onba^. t^e 30t^ of 5llar. 3 (Bao. IIL 1763.
AN engroffed Bill, entitled. An Ad' To empower the Common Hall of the Borough
of Norfolk to affefs fuch Taxes, from Time to Time, on the Inhabitants thereof,
as fhall be fufficient for keeping and fupporting a nightly Watch, and ereding
Lamps within the Limits of the fame, was read the Third Time.
27 Refolved, That the faid Bill do pafs.
Ordered, That M'' Attorney do carry it up to the Council for their Conciirrence.
M'' Charles Carter reported that the Committee appointed had, according to Order,
waited on his Honour the Govemour with the Addrefs and Reprefentation of this Houfe
of Saturday laft, to which his Honour was pleafed to fay he would return an Anfwer in
writing.
M'' Cary prefented to the Houfe, according to Order, a Bill For paying the Burgeffes
Wages in Money for this prefent Seffion of Affembly ; which was read the firft Time, and
ordered to be read a fecond Time. And
On a Motion made.
The faid Bill was read a fecond Time.
Ordered, That the faid Bill be engroffed, and read a third Time.
On a Motion made,
Ordered, That Leave be given to bring in a Bill or Bills, For adding ftmdry Perfons
to the Committee appointed to correfpond with the Agent of this Colony, and it is
referred to M'' Cary to prepare and bring in the fame.
On a Motion made,
Refolved, That this Houfe is fatiffied with M'' Abercrombie's Account, as it is now
ftated, and that the Committee of Correfpondence be diredted to write to M'" Montague
and inform him of the fame, and to allow him the £140 which he has charged for
procuring his Quietus.
A Meffage from the Council was delivered by M'' Walthoe.
That they have agreed to the Bill, entitled. An Adt^ for continuing and appropriating
the additional Duty on Slaves, and the Taxes on Wheel Carriages, Ordinary Licenfes,
• and original Procefs.
alfo
« Hening, VII, p. 656. 3. Ibid., VII, p. 639
' Ibid., VII, p. 654.
[ 194 ]
Alfo to the Bill, entitled, An A<ft to repeal an Ad, - entitled, An Adl for Relief of infol-
vent Debtors, for the eflfedlual Difcovery and more equal Diftribution of their Eftates.
Alfo to the Bill, entitled, An Adl' for altering the Court Day of the County of
Gloucefter.
Alfo to the Bill, entitled. An Adt^ for altering the Court Days of the Coxmties of
Stafford, and Chefterfield.
Alfo to the Bill entitled. An Adt" for giving the Sheriffs a more effedual Remedy againft
their Under Sheriffs, and Securities, for Monies received by them for his Majefty's Quit-
rents, and on Execution and other Procefs.
Alfo to the Bill, entitled, An Adts for amending the Adt, entitled. An Adt for enlarging
the Towns of Frederickfhurg and Winchefter, the City of Williamfhurg, and Town of
Dumfries, and for other Purpofes therein mentioned.
Alfo to ike Bill, entitled. An Adl'' to reduce the Duty on Northern Rum.
Alfo to the Bill, entitled. An Adt^ to empower John Richards, Gentleman, to keep a
Ferry to and from the Town of Leeds in the Coimty of King George.
Alfo to the Refolve of this Houfe For Allowing the Officers of the General Affembly
the feveral Sums therein mentioned.
Alfo to the feveral Refolves of this Houfe For allowing fome of the Officers and
Soldiers of the Virginia Regiment the feveral Sums therein mentioned.
And alfo that they had paffed a Bill, entitled An Adt^ for eftablifliing a better Method
of appointing Sheriffs, to which they defire the Concurrence of this Houfe.
And the faid Bill was read the firft Time, and ordered to be read a fecond Time.
And
On a Motion made,
The faid Bill was read a fecond Time, and ordered to be read a third Time.
A Written Meffage from the Govemour was at the fame Time delivered by M''
Walthoe, as follows :
M'' Speaker, and Gentlemen of the Houfe of Burgeffes,
I will tranfmit the Reafons you have affigned for your Condud, and the Refolutions
you have come to, in your Addrefs of Saturday laft, to the Right Honourable the Lords
Commiffioners for Trade and Plantation Affairs, by the firft Opportunity; which I hope,
with what you fhall further think proper to do to comply with their Lordfhips Defires, and
entirely remove all future Caufe of Complaint from the Merchants, will prove fully fatif-
fadory, as well to their Lordfhips as the Merchants: And I ftill hope you will further confider
this Matter, and take fuch Meafures as will effedually anfwer all the Ends propofed.
Ordered, That the Committee to examine the enrolled Bills do confift of the follow-
ing Perfons, viz. M"" Wythe, M'' Grymes, W Bradley and M'' John Pendleton.
A Bill, entitled. An Ad^ for eftablifhing a better Method of appointing Sheriffs, was
read a third Time.
Refolved, That the faid Bill do pafs.
Ordered, That M'' Pendleton do acquaint the Council therewith.
An engroffed Bill, entitled. An Ad'°for paying the Burgeffes Wages in Money for
this prefent Sefflon of Affembly, was read a third Time, and the Blanks therein filled up.
Refolved, That the faid Bill do pafs.
Ordered, That M"- Gary do carry up the faid Bill to the Council for their Concurrence.
WCary prefented to the Houfe, according to Order, a Bill For adding fundry Perfons
to the Committee appointed to correfpond with the Agent of this Colony, which was
read the firft Time, and ordered to be read a fecond Time.
A Petition of Lticy Gait, praying fome Allowance for cleaning the Rooms in the
Capitol, appropriated to the Ufe of the Houfe of Burgeffes, was prefented to the Houfe
and read.
Refolved
" ?;,^-'i'%'Ty^^' ?• .^'*3- " Ibid., VII, p. 648. 7 Ibid., VII, p. 657. .0 Ibid., VII, p. 658
' (M- y,H' P- ^56. 5 /Wd., VII, p. 650. 8 /fc,rf.,vii,p. 64,.
3 /<m/., VII, p. 656. 6 7Wrf., VII, p. 646. 0 Ibid VII p 643
28
29
[ 195 ]
Refolved, That the faid Lucy Gait be paid by the Publick £f) for the Services in the
£aid Petition mentioned.
On a Motion made,
A Bill For adding fundry Perfons to the Committee appointed to correfpond with
the Agent of this Colony, was read the fecond Time.
Ordered, That the faid Bill be engroffed, and read a third Time.
A Meffage from the Coimcil by M'' Walihoe.
That they have agreed to the Bill, entitled, An Adl' to empower the Common Hall of
the Borough of Norfolk to affefs fuch Taxes, from Time to Time, on the Inhabitants
thereof, as fhall be fufficient for keeping and fupporting a nightly Watch, and eredting
Lamps, within the Limits of the fame.
Alfo to the Bill, entitled. An Adl^ for paying the Burgeffes Wages in Money for this
prefent Seffion of Affembly. And
Alfo to the Refolve For allowing Jofeph Royle £350 a Year, for the Purpofes therein
mentioned.
An engroffed Bill, entitled. An Ad^ for adding fundry Perfons to the Committee ap-
pointed to correfpond with the Agent of this Colony, was read a third Time, and the Blanks
therein filled up.
Refolved, That the faid Bill do pafs.
Ordered, That M'' Cary do carry up the faid Bill to the Council for their Concurrence.
M"" Cary, from the Perfons appointed, reported that they had had under their
Confideration the Petitions of Edward Hubbard and James Gunn to them referred, and
had agreed upon a Report, and come to feveral Refolutions thereon; which he read
in his Place, and then delivered in at the Table, where they were again twice read, and
agreed to by the Houfe, as follow :
On Confideration of the faid Petitions, it appears that the faid Edward Hubbard
and James Gunn were Captains of Companies of Artificers eftablifhed by Adl of Affembly
in the Year 1759 ; that they were employed the Campaign imder General Stanwix from
the i'' of Jtme to the lo*^ of December, when they were difbanded at Winchefter; and
that they have not received the ufual additional Pay of Artificers for the Time above
mentioned.
Refolved, That the Confideration of the faid Petition, fo far as it relates to the Claim
of Edward Hubbard for the faid additional Pay due to his Company of Artificers, be
referred to the next Seffion of Affembly, no one now appearing with the Accounts or
Vouchers for the faid Claim.
Refolved, That it appears to this Committee, from the Pay Rolls, that there is due
to Captain James Gunn, for the additional and ufual Pay for his Company as Artificers,
the Sum of £s°^- 4- ^' including £55. i. 6 for Pay for himfelf and Officers.
Refolved, That the Sum of ;^453. 3. 2 ought to be allowed to the faid James Gtmn
for his Company's Pay, and that he fhall be obHged to account for the Difburfements of
the fame, upon Oath, and produce the Difcharges of the feveral Claimants, to the next
Seffion of Affembly.
Ordered, That the laft Refolution be fairly engroffed, and that M'' Cary do carry
it up to the Cotmcil for their Concurrence.
On a Motion made,
Refolved, That the Captains John Field and John Pofey lay an Account, upon Oath,
of the Money they received laft Seffion for their Companies of Artificers, with the proper
Vouchers of their having paid the fame, before the next Seffion of Affembly.
A Meffage from the Coimcil by M'' Walthoe.
That they have agreed to the Bill, entitled. An Adl* for adding fundry Perfons to the
Committee appointed to correfpond with the Agent of this Colony.
_____ Alfo
• Hening, VII, p. 654. = Ibid., VII, p. 658. 3 Ibid., VII, p. 646. 4 Ibid., VII, p. 646.
[ 196 ]
Alfo to the Refolve of this Houfe To allow Lucy Gait £s for the Services therein
mentioned.
Ordered, That there be a Call of the Hoiife Tomorrow.
And then the Houfe adjourned until Tomorrow Morning ii "'Clock.
A
I5ue56a^. l^e 3Ut of "Stla^, 3 <Beo. III. 1763.
Meffage from the Council by M'' Walthoe.
That they have agreed to the Refolve For paying James Gimn ;(C453.
3. 2, for the Pur pofes therein mentioned.
W Wythe reported that the Committee appointed had, according to Order
examined the enrolled Bills and Refolves, and rectified fuch Miftakes as were found
therein ; and that they were truly enrolled. -•
Ordered, That M'' Wythe do carry up the faid Bills and Refolves to the Council for
their Infpedlion.
A Meffage from the Council by M' Walthoe. so
That they have infpe^ed the enrolled Bills and Refolves, and are fatiffied they are
truly enrolled.
A Meffage from the Govemoiir by M"^ Walthoe.
M' Speaker,
The Governour commands the immediate Attendance of this Houfe in the Council
Chamber, and that you bring with you fuch Bills and Refolves as are ready for his Affent.
M' Speaker, with the Houfe, went up accordingly, and the Governour was pleafed
to give his Affent to the following Bills :
/. An Ad' for continuing and appropriating the additional Duty on Slaves, and the
Taxes on Wheel Carriages, Ordinary Licenfes, and original Procefs, and for other Purpofes
therein mentioned.
2. To repeal and Ad, entitled. An Ad' for Relief of in folvent Debtors, for the effedital
Difcovery and more equal Diftribution of their Eftates.
J. ipor eftablifhing a better Method of appointing Sheriffs.
4. *For further continuing and amending the Ad, entitled. An Ad for the better regula-
ting and colleding certain Officers Fees, and for other Purpofes therein mentioned.
5. s To reduce the Duty on Northern Rum.
6. ^For adding fundry Perfons to the Committee appointed to correfpond with the Agent
of this Colony.
7. 7 For giving the Sheriffs a more effedual Remedy againft their Under Sheriffs, and
Securities, for Monies received by them for his Majefty's Quitrents, and on Executions
and other Procefs.
8. »For amending the Ad, entitled, An Ad for enlarging the Towns of Frederickfburg
and Winchefter, the City of Williamfburg, and Towns of Dumfries, and for other Purpofes
therein mentioned.
9. 9 To empower the Common Hall of the Borough of Norfolk to affefs, fuch Taxes,
from Time to Time, on the Inhabitants thereof, as fhall be fufficient for keeping and fup-
porting a nightly Watch, and ereding Lamps, within the Limits of the fame.
10. ■ °For altering the Court Days of the Counties of Stafford and Chefterfield.
11. "For altering the Court Day of the County of Gloucefter.
To
• Hening, VII, p. 639, 4 Ibid., VII, p. 645. r Ibid., VII, p. 648. -q Ibid., VII, p. 656.
■ Ihid.. VII. p. 643. 5 Ibid., VII, p. 646. 8 Ibid., VII, p. 650. „ Ibid., Vll, p. 656.
3 Ibid., VII, p. 643. 6 Ibid., VII, p. 646. 9 Ibid., VII, p. 653.
31
[ 197 ]
12. ' To empower John Richards, Gentleman, to keep a Ferry to and from the Town
of Leeds, in the County of King George.
I J. 'For paying the Burgeffes Wages in Money for this prefent Seffion of Affembly.
Alfo to the following Refolves:
/. For allowing fome of the Officers and Soldiers of the late Virginia Regiment the
feveral Sums therein mentioned.
2. For paying James Gunn £453. J. 2, for the Purpofes therein mentioned.
J. For paying Lucy Gait £5, for the Services therein mentioned.
4. For allowing the Officers of the General Affembly the feveral Sums therein mentioned.
5. For allowing Jofeph Royle £350 a Year, for the Purpofes therein mentioned.
And then clofed the Seffion with the following Speech :
Gentlemen of the Council, M'^ Speaker, and Gentlemen of the Houfe of Burgeffes,
When I called you together, to lay before you the Refolutions of the Right Honourable
the Lords Commiffioners for Trade and Plantation Affairs, founded on a Memorial of the
Merchants of Great Britain trading to this Colony, prefented to their Lordfhips, I hoped
and expeded that you would, by fome Ads or Refolves, have removed all future Caufe of
Complaint from the Alerchants, and given full Satiffadion to their Lordfhips in all the
Points recommended to your Reconfideration.
By the State of the Accounts of the Treaftiry, and the Taxes laid to fink all the various
Emiffions of Paper Money at the Times ftipulated in the feveral Ads empowering the
Treafurer to iffue fuch Notes, I miift candidly acknowledge that the Taxes do appear to
me to be fully fufficient to anfwer the Ends propofed; but, let this be granted: What Ob-
jedion could there have been to your having bound yourfelves, by a formal Refolve of the
whole Legtflature, to have provided for a full Payment of all the Notes outftanding, by fome
additional Tax adequate to the Purpofe, in Cafe of any accidental or unexpeded Deficiency
of thofe now tn Being? This you might have dcnte with the utmoft Safety; for if the Taxes
already laid fhould prove fufficient, no new Burthen would have been laid on the People;
and if they fhould not, your Honour ftands engaged to make up all Deficiences, however
occafioned: And then it would have remained with you to have confidered whether the Legal-
ity of the Tender of Paper Notes, after fuch Stability and Security given to them, might
not have been taken off without rifking the Ruin and Deftrudion of the Colony, fo much
dreaded, as the Confequence of removing it.
M' Speaker, and Gentlemen of the Houfe of Burgeffes,
I will not omit the fir ft Opportunity to tranfmit to the Right Honourable the Board
of Trade the Reafons you have thought expedient to give for your Adions, and your Refolu-
tions confequent thereon, in your Addrefs to me; which I wifh may give that Content which
you fo fanguinely exped from them.
Gentlemen of the Council and of the Houfe of Burgeffes,
It is my mo ft fincere Wifh that the Steps you have taken may prove fatiffadory, not
only to the Right Honourable the Lords of Trade, but even to the Merchants them f elves, and
remove all their Complaints of Injuftice having been done them heretofore, and their Fears
of what may be done hereafter; for you may be affured that our moft gracious Sovereign,
the common Father of all his People, will take effedual Care to redrefs the Grievances of
his Subjeds, whenever their Complaints can reach the royal Ears.
Having Nothing further to exped from you in this Seffion, I fhall now prorogue you,
and you are accordingly prorogued, to the third Tuefday in Auguft next.
I Hening, VII, p. 657. ^ Ibid., VII, p. 658.
JOURNAL
of the
House of Burgesses
1764
January Seffion
Burgeffes.
Accomac
*Thomas Parramore
Hanov^er
♦Nathaniel Weft Dandridge
♦Southey Simpfon
♦John Syme
Albemarle
Thomas Walker
Henrico
Bowler Cocke
♦John Fr>'
♦Philip Mayo
Amelia
*David Greenhill
Ifle of Wight
♦James Bridger
*Thomas Tabb
♦Dolphin Drew
Amherft
*William Cabell
James City
♦Lewis Burwell
♦Cornelius Thomas
♦Philip Johnfon
Augufta
Ifrasl Chriftian
Jameftown
♦Edward Champion Travis
John WilCon
King & Queen
♦John Pendleton
Bedford
♦William Callaway
John Robinfon
♦John Talbot
King George
Charles Carter
Brunfwick
♦William Thornton
♦Charles Carter, Jr.
♦Ifaac Rowe Walton
King William
♦Bernard Moore
Buckingham
Robert Boiling, Jr.
♦Carter Braxton
*Jofeph CabeU
Lancafter
Charles Carter
Caroline
♦John Baylor
Richard Mitchell
Edmund Pendleton
Loudoxm
♦Francis Lightfoot Lee
Charles City
Benjamin Harrifon
♦James Hamilton
♦William Kennon
Louifa
♦William Johnfon
Chefterfield
Archibald Cary
Thomas Johnfon
♦Richard Eppes
Lvmenburg
♦Henry Blagrave
The College
♦Mann Page
♦Clement Reade, Jr.
Culpeper
John Field
Middlefex
♦John Smith
James Barbour
♦Ralph Wormeley
Ctimberland
♦George Carrington
Nanfemond
♦Willis Riddick
John Fleming
Lemuel Riddick
Dinwiddle
♦Robert Boiling
New Kent
♦Burwell Baffett
Leonard Claiborne, Jr.
♦Richard Adams
Elizabeth City
George Wythe
Norfolk
WilUam Bradley
♦William Wager
♦Thomas Veal
E£fex
♦John Upfhaw
Norfolk Borougl
1 ♦Jofeph Hutchings
♦John Lee
Northampton
♦John Hannanfon
Fairfax
♦George Johnfton
♦Thomas Dalby
♦John Weft
Northimiberland *Richard Hull
Fauqviier
♦Thomas Harrifon
♦Spencer Ball
♦Thomas Marfhall
Orange
James Taylor
Frederick
♦George Wafhington
James Walker
♦George Mercer
Prince Edward
♦Peter Legrand
Gloucefter
Thomas Whiting
♦Abner Nafh
John Page
Prince George
Richard Bland
Goochland
♦John Payne
♦Richard Bland, Jr.
♦Jofias Payne
Prince William
John Bay lis
Halifax
♦Nathaniel Terry
Henry Lee
♦Robert Wade
Princefs Anne
♦Edward Hack Mofeley
Hampfhire
♦James Mercer
♦Thomas Rutherford
♦Anthony Walke
♦Not fhown by the Jotimal to have been prefent during the Affembly.
[ ao2 ]
Richmond
Southampton
Spotfylvania
Stafford
Surry
♦John Woodbridge
*Landon Carter
Jofeph Gray
* Benjamin Symmons
Fielding Lewis
Benjamin Grymes
William Fitzhugh
Thomas L. Lee
*Hartwell Cocke
:,, William Bailey
Suffex
Warwick
Weftmoreland
Williamfburg
York
*Not fhown by the Journal to have been prefent during the Affembly.
* David Mafon
♦John Edmimds
♦William Digges
♦William Harwood
Richard Henry Lee
Richard Lee
Peyton Randolph
♦Dudley Digges
♦Thomas Nelson, Jr.
Changes in the Perfonnel, 1764.
January Seffion
Ifle of Wight
Hanover
Dolphin Drew Succeeded Jofeph Bridger
James Littlepage Succeeded Nathaniel Weft Dandridge
JOURNAL
of the
House of B
OUSE OF DURGESSES
A
^^ur56a^. t^e 12 1^ of Uanuar^. 4 (5eo, III. 1764.
Meffage from the Govemour was delivered by M"' Walthoe.
M"" Speaker, and Gentlemen of the Houfe of Burgeffes,
The Govemour commands the immediate Attendance of your Houfe in the
Council Chamber.
Accordingly M"' Speaker, with the Houfe, went up to attend the Govemour.
And being returned, reported that the Hoiafe had attended the Gk)vemour in the
Covincil Chamber, and that he was pleafed to make a Speech to the Council and this
Houfe, of which he had, to prevent Miftakes, obtained a Copy; which he read in his
Place, and afterwards delivered in at the Table, where it was again read, and is as follows :
Gentlemen of the Council, M"" Speaker, and Gentlemen of the Houfe of Burgeffes,
My principal Reafon for convening you to meet me in General Affembly, in this
inclement Seafon of the Year, was to lay before you a Letter I received from Sir Jeffery
Amherft, before he left this Continent to receive at home thofe Honours which his Condud
here had merited, requiring the Affiftance of joo Men from this Colony to ad offenfively
againft the Indians, in Conjundion with a Body of Regulars, under the Orders of the Com-
mander in Chief for the fouthern Diftrid. This Requifition has been repeated by the Hon.
Major General Gage, on whom the Command in Chief of his Majefty's Troops on this
Continent is devolved.
I make no Doubt but that you will think it neceffary to provide for the Security of your
own Frontiers for the enfuing Year, in fome Manner or other, againft the Incurfions and
Depredations of the Indians; and it refts with you to confider whether the Plan propofed
at firft by fo able a General, and fince recommended by a Gentleman to whom we owe our
fir ft Succeffes in America, is not more likely effedually to anfwer that Purpofe, by marching
into the Enemies Country, than by waiting at home to revenge yourfelves when they think
proper to enter yours, and commit all Kinds of Outrages and Murders.
The Manner in which I have endeavoured to defend the back Inhabitants, in Confe-
quence of the Power entrufted to me by the Invafion Law, have proved, I fear, extremely
expenfive; and this Confideration has been a fecond very weighty Motive with me for deflring
to meet you at this Time, that you may deliberate on thefe Matters with all the Attention
which the Importance of them demands. The grievous Complaints from the back Country,
and the frequent Appearance of large Parties of Indians in this Colony, together with the
daily Accounts of Murders committed in the neighbouring Ones, induced me, by and with
the Advice of his Majefty's Council, to call out a large Number of the Militia to proted our
Settlements; the Diredion of which was put into the Hands of two Officers who had diftin-
guifhed themfelves in the Service of their Country, while our Regiment fubfifted. This
Number, as the Danger decreafed, was reduced to joo, and would have undergone another
Redudion, if not a total Difcharge, had it not been refolved to call an Affembly, m which
I
[ 204 ]
/ thought it highly proper you fhould determine for yourfelves what Meafures you would
for the future purfue, in Times of fiich Danger and Diftrefs.
I cannot quit this Subjed without doing Juftice both to the Officers and private Men
of the Militia, by thus publickly teftifying my great Approbation of their Cotuiud and
Courage, and recommending them to you for Payment, in the moft fpeedy Manner the
Laws and Conftitution of your Country will admit of, in Recompenfe of their Services, by
which they have done Credit to the Colony in general, and great Honour to themfelves in
particular.
It is with the greateft Pleafure I am enabled to inform you that I have the fulleft Per-
fuafion that you have Nothing to fear from the Indians to the South Weft, their Behaviour
at the late Congrefs carrying all the Marks of a firm Attachment to our Intereft; and if
we condud oiirfelves agreeably to the well concerted Plan of his Majefty, and his Minifters,
to cultivate the Friendfhip of the Indians on our Parts, I Imve great Reafon to hope that we
fhall have no Occafion to complain of Perfidy on theirs, but that the Peace now confirmed
between us will be foUd and permanent from that Quarter. It may be neceffary to take all
poffible Precautions, left our Hunters, by Miftake, fhould fall upon the Cherokees, who
are going this Summer to make War upon the northern Indians, their Enemies as well as
ours. Copies of the Journal of the Proceedings of the Congrefs at Anguita are now printing
at Charleftown ; which I exped to receive very foon, and which I will communicate to you
by the fir ft Opportunity after my receiving the fame.
M"^ Speaker, and Gentlemen of the Houfe of Burgeffes,
I am fenfible that the Expenfes already incurred are very great, and yet it may be
prudent for you to increafe them, by guarding your Frontiers from Attacks by the northern
Indians. This is a Burthen which will lie heavy on the People, but which I hope they will
bear with Cheerfulnefs, as their Security fo abfolutely depends upon it. In providing for
it, I rely on your Wifdom that you will do it in fuch a Manner as will make it as eafy as
the Nature of the Thing can admit of to them, and will give no Caufe of Dif content either
in Great Britain or Virginia.
Gentlemen of the Council and of the Houfe of Burgeffes,
Since my la ft meeting you, I have received an Order from his Majefty in Council,
declaring his Difallowance and Repeal of an Ad, entitled. An Ad for the Relief of infolvent
Debtors, &c. by which you will fee the Expediency of your having repealed that Ad, before
the Day on which it was to have taken Place, or could operate to the Difadvantage of any
Perfon whatever. The Matter offered to your Confuleration is of Importance, but may
be gone through with Defpatch, which I would recommend to you, that you may foon return
to your own Families, unlefs you fhould choofe to go upon fuch Bufinefs of the Country as
is ready for you.
Refolved, That an humble Addrefs be prefented to his Honour the Govemour, to
return him the Thanks of this Houfe for his Speech ; to affure him that we have obferved,
with the greateft Concern, the Cruelties exercifed by the Indians on our frontier Inhab-
itants ; that we will take every Meafure in our Power to prote(5t them for the future ;
and that we will proceed to the Confideration of the feveral other Matters recommended
to us by his Honour with the utmoft Attention and Defpatch.
Ordered, That a Committee be appointed to draw up an Addrefs to the Govemour,
purfuant to the faid Refolution ; and it is referred to M'' Attorney and M"" Edmund Pendle-
ton to prepare and bring in the fame.
M'f Speaker reported that the Govemour had delivered to him two Letters from
his Excellency Sir Jeffery Amherft and General Gage, mentioned in his Speech, which
he had defired him to lay before the Houfe.
And the faid Letters were read, and ordered to lie on the Table.
Refolved, That this Houfe wiU take the Govemour's Speech into Confideration
Tomorrow.
Ordered
[ 205 ] •
Ordered, That the Rev. M*^ William Yates be continued Chaplain to this Houfe,
and that he attend to read Prayers every Morning at 1 1 "'Clock.
Ordered, That the feveral Doorkeepers be continued in their refpedtive Offices,
and that they give their Attendance accordingly.
On a Motion made,
Ordered, That the Committee appointed to correfpond with the Agent of this Colony,
in Great Britain, purfuant to an Adt of Affembly For appointing an Agent, do lay the
Agent's Letters, received fince the Meeting of the laft Seffion of Affembly, before the
Hotife.
On a Aloiion made.
Ordered, That an Addrefs be made to his Honour the Govemour, to order a new
Writ to iffue for the electing a Burgefs to ferve in this prefent General Affembly for the
County of Hanover, in the Room of M"" Dandridge, who fmce his Eledlion hath accepted
of the Ofifice of Coroner of the faid County, and that M"" Syme do wait upon him with the
faid Addrefs.
On a Motion made,
Ordered, That an Addrefs be made to his Honour the Govemour, to order a new
Writ to iffue for the eledling a Burgefs to ferve in this prefent General Affembly for the
County of Ifle of Wight, in the Room of M"" Jofeph Bridger, who fince his Eledlion hath
accepted of the Office of Sheriff of the faid County, and that M"" Lemuel Riddick do wait
upon him with the faid Addrefs.
And then the Houfe adjourned until To-morrow Morning 12 "'Clock.
lfx\h(xz, t^e 131^ of ^ttituarY. 4 (5eo. III. 1764.
SEVERAL Claims of William Edwards, Bernard Markham, William Gary, John
Phillips, George Bernick, Nimrod Poindexter, William Reeves, Lydall Bacon,
Charles Turner, William Markham, William Clayton, and Thomas Edward
for taking up feveral Rimaways therein mentioned, were prefented to the
Houfe and received.
Ordered, That the faid Claims be referred to the Confideration of the next Seffion
of Affembly.
M"^ Attorney, from the Committee of Correfpondence, laid before the Houfe the
Agent's Letters, agreeable to the Order of Yefterday.
And the faid Letters were read, and ordered to lie on the Table.
The Order of the Day being read for the Houfe to take into Confideration the
Govemour 's Speech.
Refolved, That this Houfe will refolve itfelf into a Committee on the faid Speech.
Ordered, That the Generals Letters laid before the Houfe Yefterday, by Command
of his Honour the Govemour, and the Agent's Letters this Day, be referred to the Con-
fideration of the faid Committee.
And then the Houfe refolved itfelf into the faid Committee on the faid Speech and
Letters; and after fome Time fpent therein M"" Speaker refumed the Chair, and M""
Attorney reported that the Committee had had the faid Speech and Letters under their
Confideration, and had come to feveral Refolutions thereon ; which he read in his Place,
and then delivered in at the Table, where they were again twice read, and agreed to by
the Houfe, as follow:
Refolved, That the Militia employed in the laft Year, and now in adlual Service,
ought to be paid out of the Money granted by the Parliament of Great Britain to this
Colony.
Refolved, That an humble Addrefs be prefented to his Honour the Govemour, to
acquaint him that we have had under our Confideration that Part of his Speech which
relates to the Requifition of his Excellency General Amherft, repeated by the Honourable
Major General Gage; and to inform him that though we confider ourfelves under the
higheft
[ 206 ]
higheft Obligations to defend our Frontiers from Indian Incurfions, yet our Inability
to advance ready Money for the raifmg and maintaining the Body of Men, required by
his Majefty's Generals, obliges us rather to choofe that Method of Defence which is to
be obtained from a brave and well appointed Militia.
Ordered, That a Bill of Bills be brought in purfuant to the firft Refolution ; and it
is referred to M"" Attorney, M"" Bland, M' Edmund Pendleton, and M'' Richard Henry Lee,
to prepare and bring in the fame.
Ordered, That an Addrefs be bfought in purfuant to the fecond Refolution; and
it is referred to the laft mentioned Gentlemen to prepare and bring in the fame.
A Petition of fundry Freeholders and Inhabitants of the Covmty of Weftmor eland,
praying that the Warehoufe for the Infpedlion of Tobacco on the fouth Side of the River
Nomony, in the faid County, which is in a very ruinous Condition, be dif continued ;
and that a new Warehoufe may be built and eftablifhed lower down the River, on the
Land of William Flood, the Proprietor of the old One ; was prefented to the Houfe and
read.
Ordered, That a Bill or Bills be brought in purfuant to the Prayer of the faid Petition,
and it is referred to M"" Richard Hettry Lee and M'' Richard Lee to prepare and bring in
the fame.
And then the Houfe adjourned until To-morrow Morning 12 "'Clock.
Saturday, t^e 14t^ of 'January, 4 <&eo. III. 1764.
A Petition of the Minifter, Churchwardens, Veftrymen, and other Inhabitants of
the Parifh of Elizabeth River, in the Coimty of Norfolk, praying that an Adt
may pafs to empower the Veftry of the faid Parifh to purchafe convenient
Lots of Land in the faid Borough, and to erecft fuch Buildings thereon as is
by Law diredled to be built on Glebes in this Colony, for the Ufe of the Minifter of the
faid Parifh ; and alfo to levy on the Inhabitants thereof a certain Sum of Money annu-
ally, to be paid to the Minifter in Lieu of the other Advantages he might receive from
fuch Glebe as might or could be purchafed in the faid Parifh of Elizabeth River; and
alfo to levy on the Inhabitants of the faid Parifh fuch a Sum of Money annually as
this Houfe fhall think reafonable, to be paid to the Minifter of the faid Parifh for the
Time being, in Lieu of his Salary now levyable in Tobacco ; was prefented to the Houfe
and read.
Ordered, That a Bill or Bills be brought in purfuant to the Prayer of the faid Petition,
and it is referred to M'' Bradley and M'' Bland to prepare and bring in the fame.
M"' Attorney reported that the Committee appointed had, according to Order, pre-
pared an Addrefs to the Govemour; which he read in his Place, and then delivered in
at the Table, where the fame was again twice read, and agreed to by the Hovife, and is
as follows :
Sir,
We his Majefty's dutiful and loyal Subjeds, the Burgeffes of Virginia, now met in
General Affembly, return you our fincere Thanks for your kind Speech at the Opening of
this Seffion. Permit us at the fame Time to congratulate your Honour on the happy Con-
clufion of the Treaty with the fouthern Indians, and on your fafe Return to the Government
of an affedionate People.
We feel, very fenfibly, the Diftreffes of our Fellow Subjeds, who have been expofed
to the Incurfions and Depredations of our favage Enemy; and fhall think it our Duty to
take Care of their Protedion and Security, in the beft Manner our Circumftances will admit
of.
We cannot omit, on this Occafion, expreffing the Pleafure we receive from the Behaviour
of the Milttia, whofe Condud and Bravery we are fattffied prevented the Barbarians from
extending
[ 207 ]
extending the difmal Scenes of Outrage and Murder: Such fignal Services demand of us
to provide for their Payment, in the moft fpeedy and fatiffadory Manner.
This, with the other Matters recommended to us by your Honour, we will proceed to con-
fider with the greateft Attention and Def patch.
Ordered, That the Committee who prepared the faid Addrefs do wait on his Honour
the Govemour to know his Pleafure when he will receive the fame.
A Petition of Bernard Moore, fetting forth that in the Year 1761 an Adl of Affembly
was paffed empowering him, or the adting Executor of the Will of John Spotfwood, Efq;
deceafed, or the Guardians of his Children for the Time being, to apply the Profits of
all his Eftate, as well that which he held in Taille, under the Will of his Father Major
General Alexander Spotfwood, as his Fee Simple Eftate, towards the Payment of his
Debts, and thofe due from his faid Father, in Order to preferv^e his fmall Fee Simple
Eftate for the Benefit of his younger Son.
That having accordingly applied the Profits, after maintaining the Children, to
that life, a large Sum of the Debts have been dif charged, but there ftill remains about
;i£9ooo unpaid, which, with the Intereft thereof, cannot be paid in many Years; and the
Creditors, hitherto indulgent, refufe to wait for fuch flow Payment, but threaten to
levy Executions on the Fee Simple Eftate of the faid John Spotfwood, confifting chiefly
in Slaves, without whom, the Iron Works, the moft valuable Part of the entailed Eftate,
cannot be carried on; fo that by this Means the Provifion made for the faid younger
Son will be taken away, the carrying on the Iron Works impeded, and the falutary
Purpofes of the faid Adl wholly defeated: And, at the fame Time, the Creditors will not
be paid their Debts without the tedious and expenfive Remedy of a Suit in Chancery, to
charge the entailed Eftate with the fame.
That he conceives it will therefore be for the Benefit of the Heir, yoimger Son and
Creditors, to fell fome of the entailed Lands to pay off the moft preffing Creditors, and
reduce the Debts to a moderate Sum that may be paid off in a reafonable Time, in the
Method diredted by the faid Adl.
He having publifhed due Notice of his Intention, according to the Royal Inftrudlions
and praying that an Adl may pafs for that Purpofe, was prefented to the Houfe and read.
Ordered, That a Bill or Bills be brought in purfuant to the Prayer of the faid Peti-
tion, and it is referred to M"" Edmund Pendleton to prepare and bring in the lame.
On a Motion made,
Ordered, That Leave be given to bring in a Bill To empower the Veftry of the Parifh
of Bath, in the Cotmty of Dinwiddie, to fell their Glebe, and to purchafe one more con-
venient; and it is referred to M'' Claiborne to prepare and bring in the fame.
On a Motion made.
Ordered, That Leave be given to bring in a Bill To empower the Common Hall of
the City of Williamfburg to affefs fuch Taxes, from Time to Time, on the Inhabitants
thereof, as fhall be fufficient to anfwer all Charges and Expenfes for publick Buildings
and other Conveniences.
A Petition of divers Inhabitants of the County of Augufta, praying that an Adl may
pafs for opening and clearing a Road over the Mountains, from the Mouth of Rockflfh
Gap, in the faid County, and to empower the Court of the faid County to levy on fuch
of the Inhabitants of the fame as they fhall think will be principally benefited thereby
fo much Money as will be fufficient to open and clear the fame, was prefented to the
Houfe and read.
Ordered, That a Bill or Bills be brought in purfuant to the Prayer of the faid Petition,
and it is referred to M'' Chriftian and M'' Wilfon to prepare and bring in the fame.
A Petition of Hancock Euftace, late a Captain in the Virginia Forces, fetting forth
that he hath fuffered many confiderable Loffes in the Service, particularly in the Cam-
paign of 1758, when Fort Du Quefne was reduced, he loft his Tent, Baggage, and all
his military Stores, the uncommon Badnefs of the Weather, and Want of Horfes, pre-
vented him bringing them away ; and humbly praying, from the Wifdom and Goodnef s
of
[ 208 ]
of the Houfe, that amidft the various Inftances of their Bounty, he will not be fuffered
to remain the only Officer that has never been confidered and rewarded by his Country ;
and praying the Confideration of the Houfe therein, was prefented to the Houfe and
read.
Ordered, That the faid Petition be refered to M'' Richard Henry Lee, W Edmund
Pendleton, and M^ Benjamin Harrifon; that they examine into the Allegations thereof,
and report the fame, with their Opinion thereon, to the Houfe.
A Petition of Charles Carter, Efq; fetting forth that he is feized in Fee Taille of
310 Acres of Land, commonly called Norman's Ford, in the Parifh of St. Mark, in the
County of Cnlpeper.
That he is alfo feized in Fee Simple of 1 100 Acres of Land in the Parifh of Brunf-
wick, in the County of King George.
That he is advifed it would be greatly to the Advantage of himfelf , and the Heir
in Taille, if he was allowed to dock the Entail of the faid Lands in Culpeper, and to
fettle the Lands in King George in Lieu thereof, to the fame Ufes ; and praying that an
A<5t may pafs for that Purpofe, was prefented to the Houfe and read.
Ordered, That a Bill or Bills be brought in purfuant to the Prayer of the faid Peti-
tion, and it is referred to M"" Bland to prepare and bring in the fame.
A Petition of William Gary, fetting forth that he is feized as Tenant in Fee Taille,
under the Will of his Grandfather William Gary, deceafed, of and in 360 Acres of Land,
in the County of Warwick.
That he has refided on the faid Lands for many Years paft without any Slaves to
cultivate it, whereby he has been a great Sufferer, and therefore has been advifed that
it would be greatly to the Advantage of himfelf, and the Heir in Taille, if he was per-
mitted to fell the faid Lands, and lay out the Money arifmg from the Sale thereof partly
in Lands, and the Reft in Slaves, to be fettled thereon, and to defcend with the fame ;
and he has lately contracted with one Allen Jones to fell the faid Lands to him for a
very confiderable Sum, if an Adl of Affembly could be procured to enable him fo to do;
and praying that an A(5t may pafs for that Purpofe, was prefented to the Houfe and read.
Ordered, That a Bill or Bills be brought in purfuant to the Prayer of the faid Petition,
and it is referred to M'' Edmund Pendletcnt to prepare and bring in the fame.
M"' Pendleton prefented to the Houfe, according to Order, a Bill To diredt the Sale
of certain entailed Lands whereof John Spotfwood, Efq ; died feized, for Payment of the
Debts due from him, and the Eftate of Major General Alexander Spotfwood; which was
read the firft Time, and ordered to be read a fecond Time.
A Petition of the Juftices, Lawyers, and Clerk, of the County of Lancafter, praying
that the Court Day of the faid County may be altered from the third Friday to the third
Wednesday in every Month, and that an Adl may pafs for that Purpofe, was prefented
to the Houfe and read.
Ordered, That a Bill or Bills be brought in purfuant to the Prayer of the faid Petition,
and it is referred to M'' Gary to prepare and bring in the fame.
A Petition of Henry Timberlake, praying that he may be allowed his Expenfes in
conducing a Party of upwards of 70 Indians from the Cherokee Country to Williamf-
burg, by Order of his Honour the Govemour, was prefented to the Houfe and read.
Ordered, That the faid Petition be referred to M"" Richard Henry Lee, M"' Edmund
Pendleton, and M"" Benjamin Harrifon; that they examine into the Allegations thereof,
and report the fame, with their Opinion thereon, to the Hovife.
A Petition of the Nottoway and Nanfemond Indians, praying that an Adl may be
paffed to enable them to fell certain of their Lands, and the Money arifmg therefrom,
after paying their Debts, to go towards fumifhing them with the common Neceffaries
of Life, was prefented to the Houfe and read.
Ordered, That a Bill or Bills be brought in purfuant to the Prayer of the faid Petition,
and it is referred to M"" Gray to prepare and bring in the fame.
A Claim of William Pegram, for taking up a Runaway therein mentioned, was
prefented to the Houfe and received.
Ordered
[209]
Ordered, That the faid Claim be referred to the Confideration of the next Seffion
of Affembly.
A Reprefentation and Petition of William Win f ton, praying fome Compenfation for
the Loffes he has fuftained from a Number of barbarous and favage Indians, who fome
Time in the Month of July laft violently attacked him in his Houfe, from which he
narrowly efcaped with his Life, and carried away or deftroyed all his Stocks and houfe-
hold Goods, to a great Value, and 14 Slaves, none of which he has been able to reclaim,
except one, who found Means to efcape, and him he has fmce been obliged to fell in
Order to fubfift himfelf and Family hitherto; at prefent he is reduced from an eafy
independent Plenty to the deplorable Condition of having Nothing to fubfift on, in an
advanced Age, and infirm State of Health, and therefore wholly unable to labour, was
prefented to the Houfe and read ; and the Quef tion being put that the faid Petition be
referred to a Committee,
It paffed in the Negative.
Refolved, That the faid Petition be rejedled.
And then the Houfe adjourned until Monday Morning 12 "'Clock.
5llott5a?, t^e I6tl) of Hannav^, 4 <Bto, III 1764.
MR Bradley, from the Committee appointed, prefented to the Houfe, according
to Order, a Bill To empower the Veftry of the Parifh of Elizabeth River, in
the Coimty of Norfolk, to purchafe and improve Lots in the Borough of
Norfolk for the Ufe of the Minifter, inftead of a Glebe, and to pay their
Minifter's Salary in Money inftead of Tobacco ; and the fame was read the firft Time,
and ordered to be read a fecond Time.
M'' Bland, from the Committee appointed, prefented to the Houfe, according to
Order, a Bill To dock the Entail of certain Lands whereof Charles Carter, Efq; is feized,
and for fettHng other Lands of greater Value to the fame Ufes ; and the fame was read
the firft Time, and ordered to be read a fecond Time.
M'' Claiborne, from the Committee appointed, prefented to the Houfe, according to
Order, a Bill To empower the Veftry of the Parifh of Bath, in the County of Dinwiddie,
to fell their Glebe, and purchafe a more convenient One ; and the fame was read the firft
Time, and ordered to be read a fecond Time.
M'' Chriftian, from the Committee appointed, prefented to the Houfe, according to
Order, a Bill For opening and clearing a Road through Rockfifh Gap over the Moun-
tains ; and the fame was read the firft Time, and ordered to be read a fecond Time.
M"" Attorney, from the Committee appointed, prefented to the Houfe, according to
Order, a Bill For appointing Commiffioners to examine and ftate the Accounts of the
Militia lately ordered out into adtual Ser\'ice, and for other Purpofes therein mentioned ;
and the fame was read the firft Time, and ordered to be read a fecond Time.
M"" Attorney alfo reported that the Committee appointed had, according to Order,
waited on his Honour the Govemour, to know his Pleafure when this Houfe fhould
attend him with their Addrefs, and that he was pleafed to appoint this Day, and to fay
he would fend a Meffage to the Houfe when he was ready to receive it.
M'' Attorney aKo prefented to the Houfe, according to Order, a Bill To empower the
Corporation of the City of Williamfburg to affefs Taxes on the Inhabitants thereof for
the Purpofes therein mentioned, and for repealing a certain Adl of Affembly therein alfo
mentioned ; and the fame was read the firft Time, and ordered to be read a fecond Time.
M'' Richard Henry Lee prefented to the Houfe, according to Order, a Bill For dif-
continuing the Warehoufes on the fouth Side of Nomony River, and eftablifhing others
at a more convenient Landing ; and the fame was read the firft Time, and ordered to be
read a fecond Time.
M'' Cary, from the Committee appointed, prefented to the Houfe, according to
Order, a Bill For altering the Court day of the County of Lancafter; and the fame was
read the firft Time, and ordered to be read a fecond Time.
M^
[ 2IO ]
M'' Gray prefented to the Houfe, according to Order, a Bill To enable the Nottoway
and Nanfemond Indians to fell certain Lands belonging to them, and for other Purpofes
therein mentioned ; and the fame was read the firft Time, and ordered to be read a
fecond Time.
M^ Pendleton prefented to the Houfe, according to Order, a Bill To veft certain
entailed Lands whereof William Gary is feized, in Allen Jones, in Fee Simple, and for
fettling other Lands and Slaves to be purchafed in Lieu thereof ; and the fame was read
the firft Time, and ordered to be read a fecond Time.
Sundry Glaims of James Small, William Hanfbrough, James Jones, and Thomas
Gooper, for taking up Runaways therein mentioned, were prefented to the Houfe and
received.
Ordered, That the faid Claims be referred to the Confideration of the next Seffion
of Affembly.
On a Motion made.
Ordered, That the Petition of Edward Hubbard, referred from the laft to this prefent
Seffion of Affembly, be referred to M"' Archibald Gary, W Benjamin Gocke,' M^ Edmund
Pendleton, and M"" Benjamin Harrifon; that they examine into the Allegations thereof,
and report the fame, with their Opinion thereon, to the Houfe.
A Bill To diredl the Sale of certain entailed Lands whereof John Spot (wood, Efq ;
is feized, for Payment of the Debts due from him, and the Eftate of Major General
Alexander Spotfwood, was read a fecond Time, and committed to M'' Edmund Pendleton,
and the Members of Spotfylvania, Orange and Gulpeper.
A Bill To veft certain entailed Lands whereof William Gary is feized, in Allen Jones,
in Fee Simple, and for fettling other Lands and Slaves to be purchafed in Lieu thereof,
was read a fecond Time, and committed to M"" Edmund Pendleton, and Members of
Warwick, York, James Gity, and Elizabeth Gity.
Alfo a Bill To dock the Entail of certain Lands whereof Gharles Garter, Efq; is
feized, and for fettling other Lands of greater Value to the fame Ufes, was read a fecond
Time, and committed to M"" Bland, and the Members of Gidpeper, Stafford, and Prince
William.
A Petition of feveral Ordinary Keepers of York and the City of Williamfburg,
fetting forth that the Adl entitled, An Ad" for regulating Ordinaries, and Reftraint of
Tippling Houfes, as it now ftands, is become grievous and burthenfome, laying the
Petitioners under a Neceffity of either affronting their beft Cuftomers, and thereby
lofmg their Bufmefs, or being in Danger of Ruin by the Lofs of their Debts, which they
can neither hinder others from contracting with them, nor afterwards receive by due
Courfe of Law; and praying that the faid A(5l may be amended, or fuch other Redrefs
as this honourable Houfe fhall think fit, was prefented to the Houfe and read ; and the
Queftion being put that the faid Petition be referred to a Committee,
It paffed in the Negative.
Refolved, That the faid Petition be rejected.
A Bill To empower the Veftry of the Parifh of Elizabeth River, in the Coimty of
Norfolk, to purchafe and improve Lots in the Borough of Norfolk for the Ufe of the
Minifter, inftead of a Glebe, and to pay their Minifter's Salary in Money inftead of
Tobacco, was read the fecond Time.
Ordered, That the faid Bill be engroffed, and read a third Time.
A Meffage from the Govemour was deHvered by M"" Walthoe.
M' Speaker,
I am commanded by the Govemour to acquaint this Houfe tliat his Honour is now
ready to receive their Addrefs in the Gouncil Ghamber.
W Speaker, with the Houfe, went up accordingly; and being returned, reported
that he had, with the Houfe, attended the Govemour in the Coimcil Chamber, and
prefented the Addrefs of this Houfe to him, to which he was pleafed to anfwer :
M'
' Probably intended for Bowler Cocke. ' Hening, VI, p. 71.
12
[ 211 ]
M' Speaker, and Gentlemen of the Houfe of Burgeffes,
The affedionate Manner in which you congratulate me on my fafe Return into this
Colony, and on the Succefs of the Conferences with the Indians, juftly claims my moft
fincere Thanks, which with great Cordiality I return you.
When you take into Confideration the Matters recommended to you, I can make no
Doubt but that you will enter into fuch Meafures as will moft likely tend to promote and
effed the falutary Ends propofed, and at the fame Time do Juftice to thofe brave Men who
have fignalized themfelves in the Service of their Country.
A Bill For difcontinuing the Warehoufes on the fouth Side of Nomony River, and
eftablifhing others at a more convenient Landing, was read a fecond Time.
Ordered, That the faid Bill be engroffed, and read a third Time.
And then the Houfe adjourned until To-morrow Morning 12 "'Clock.
I5ues6aY» t^^ I7l\) of lanxiav^. 4 (5eo. IIL 1764.
A Petition of fimdry Inhabitants of the Coiinty of King George, praying that a
Ferry may be eftabliflied from the Land of Thomas Caff on, over Rappahannock
River, to the Land of Mrs. Conway on the oppofite Shore; and that an Adt
may pafs for that Purpofe, was prefented to the Houfe and read.
Ordered, That a Bill or Bills be brought in purfuant to the Prayer of the faid Petition,
and it is refeired to M"' Charles Carter to prepare and bring in the fame.
M"" Bland, from the Perfons to whom the Bill To dock the Entail of ceilsain Lands
13 whereof Charles Carter, Efq ; is feized, and for fettling other Lands of greater Value to
the fame Ufes, was committed, reported that they had examined into the Allegations
of the faid Bill, and foimd them to be true, and had made no Amendments thereto, and
he delivered it in at the Table.
Ordered, That the faid Bill be engroffed, and read a third Time.
M'' Charles Carter prefented to the Houfe, according to Order, a Bill For eftablifhing
a Ferry from the Land of Thomas Caff on, over Rappahannock River, to the oppofite
Shore in Caroline; and the fame was read the firft Time, and ordered to be read a fecond
Time.
A Petition of Jofeph Terry, Jofeph Winfton, and Peter Goodwin, praying fome
Compenfation for the many Woimds they received in an Engagement with the Indians
on their late Incurlions into the Frontiers of this Colony, and for the Lofs of their Bag-
gage which was taken by the Enemy, was prefented to the Houfe and read.
Ordered, That the faid Petition be referred to the Confideration of M'' Chriftian,
and M'' Thomas Johnfon; that they examine into the Allegations thereof, and report
the fame, with their Opinion thereon, to the Houfe.
M'' Richard Henry Lee, from the Perfons to whom the Petition of Hancock Euftace
was referred, reported that they had examined into the Allegations thereof, and had
agreed upon a Report, and come to a Refolution thereon, which he read in his Place,
and then delivered in at the Table, where it was again read, and agreed to by the Houfe,
as follows :
Refolved, That the faid Petition be reje(5ted, for Want of Proof to fupport the
Allegations thereof.
A Petition of Capt. Bidlett, praying to be reimburfed the Sum of ^30.18 which he
advanced to Richard Smith, Interpreter to a Party of Indians then under the Care of
the faid Bullett, at Fort Chifwell, who were to remain as Hoftages for the Return of
the Little Carpenter, for his the faid Smith's Subfiftence during that Service, was pre-
fented to the Houfe and read.
Ordered, That the faid Petition be referred to M"' Bland and M'' Walker; that they
examine into the Allegations thereof, and report the fame, with their Opinion thereon,
to the Houfe.
M
[ 212 ]
M' Attorney reported that the Committee appointed had, according to Order,
prepared an Addrefs to the Govemour ; whicli he read in his Place, and then delivered
in at the Table, where it was again twice read, and agreed to by the Hovife, as follows :
Sir,
Having confidered with ferious Attention that Part of your Honour's Speech, enforcing
the Reqitifition of his Excellency General Amherft, repeated by the Honourable Major
General Gage, we are concerned to find that Mcafures fo wifely calculated to ftop the Progrefs
of thofe Cruelties pradifcd by our favage Enemies on the Frontiers of this and the other
Colonies cannot receive Aid from us, under our prefent Circum fiances.
The Difficulty of raifing Men to affift the common Caufe during the late War made
it expedient to difpofe of large Bounties to encourage their entering into the Service, which,
with the Expenfe of fubfifting them, involved us in the difagreeable Neceffity of emitting
Treafury Notes, to circulate for a limited Time in Lieu of ready Money, of which none
could at that Time be obtained.
Troops now to be raifed would exped the like Bounty, and be attended with the like
Expcrife; and as we cannot purfue the former Method of providing for them without raifing
the Clamours of the Britifh Merchants trading to this Colony, and thereby incurring minif-
terial Cenfure, we are compelled, from the Neceffity of the Cafe, to decline a Meafure that h
would otherwife have met with our Approbation and Affiftance.
This, Sir, obliges us to reft the Defence of the Frontiers upon our Militia; which,
under your Honour's wife Diredion, we have Reafon to hope, from the Experiencs of laft
Summer, will prove effedual.
Ordered, That the faid Addrefs be fairly tranfcribed, and prefented by the Com-
mittee who drew it.
M"" Pendleton, from the Perfons to whom the Bill To diredl the Sale of certain entailed
Lands whereof John Spotfwood, Efq ; died feized, for Payment of the Debts due from
him, and the Eftate of Major General Alexander Spotfwood, was committed, reported
that they had examined into the Allegations of the faid Bill, and found them to be true,
and had made no Amendments thereto ; and he delivered it in at the Table.
Ordered, That the faid Bill be engroffed, and read a third Time.
A Petition of Robert Stobo, fetting forth that being a Major in the Virginia Regiment
in the Year 1760, obtained Leave of his Honour the Govemour to be abfent from the
Service for the Space of one Year, his Affairs at that Time requiring his Prefence in
England; that on his Return he applied to his Honour for his Pay as Major in the
Virginia Reigment, who being in Doubt whether he could give his Warrant for the
Payment of it, ordered him to make Application to this honourable Houfe ; and praying
the Confideration of the Houfe thereon, was prefented to the Houfe and read ; and the
Queftion being put that the faid Petition be referred to a Committee,
It paffed in the Negative.
Refolved, That the faid Petition be rejedled.
M' Pendleton, from the Perfons to whom the Petition of Edward Hubbard was
referred, reported that they had had the fame under their Confideration, and agreed
upon a Report, and come to a Refolution thereon ; which he read in his Place, and then
delivered in at the Table, where it was again twice read, and agreed to by the Houfe,
as follows :
Refolved, That the Sum of ;i£36. 11.76 be paid to Lieutenant Alexander Waugh
(to whom the faid Hubbard hath ordered the fame to be paid) for the faid Company's
Pay, and that the faid Waugh fhall be obliged to account for the Difburfements of the
fame, upon Oath, and produce the Difcharges of the feveral Claimants, to the next
Seffion of Affembly.
Ordered, That the faid Refolve be engroffed, and that M"- Pendleton do carry it up
to the Council for their Concurrence.
M"- Pendleton, from the Perfons to whom the Bill To veft certain entailed Lands
whereof William Gary is feized, in Allen Jones, in Fee Simple, and for fettling other
Lands
[213 ]
Lands and Slaves to be purchafed in Lieu thereof, was committed, reported that they
had examined into the Allegations of the faid Bill, and foimd them to be true, and had
made no Amendments thereto ; and he delivered it in at the Table.
Ordered, That the faid Bill be engroffed, and read a third Time.
A Bill For appointing Commiffioners to examine and ftate the Accounts of the
Mihtia lately ordered out into adlual Service, and for other Purpofes therein mentioned,
was read a fecond Time, and committed to a Committee of the whole Houfe immediately.
The Houfe then refolved itfelf into a Committee on the faid Bill ; and after fome
Time fpent therein M"' Speaker refumed the Chair, and M'' Attorney reported that the
15 Committee had had the faid Bill tmder their Confideration, but not having Time to go
through the fame, they had diredled him to move for Leave to lit again.
Refolved, That this Houfe will refolve itfelf into a Committee on the faid Bill To-
morrow.
A Bill To empower the Corporation of the City of Williamfburg to affefs Taxes on
the Inhabitants thereof for the Purpofes therein mentioned, and for repealing a certain
A<ft of Affembly therein alfo mentioned, was read a fecond Time, and committed to
M'' Attorney and M'' Richard Henry Lee.
An engroffed Bill, entitled. An Ad^ for difcontinuing the Warehoufes on the fotith
Side of Nomony River, and eftablifhing others at a more convenient Landing, was read
the third Time, and the Blanks therein filled up.
Refolved, That the faid Bill do pafs.
Ordered, That M"" Richard Henry Lee do carry the faid Bill to the Covmcil for their
Concurrence.
Two Claims of William Walker and Richard Evans, for taking up Rtmaways therein
mentioned, were prefented to the Houfe and received.
Ordered, That the faid Claims be referred to the Confideration of the next Seffion
of Affembly.
And then the Houfe adjourned until To-morrow Morning 12 "'Clock.
>il>e6ne56aY. t^c I8t^ of 'Sanuaq?. 4 <5co. Ill 1764.
MR Richard Henry Lee, from the Perfons to whom the Petition of Captain Bullett
was referred, reported that they had had the fame under their Confidera-
tion, and come to a Refolution thereon ; which he read in his Place, and
then delivered in at the Table, where it was again twice read, and agreed to
by the Hovife, as follows :
Refolved, That Thomas Bullett be allowed by the Publick the Sum of ;^3o.i8, to be
dedudled out of the Sum of £"] i due to Smith, the Indian Interpreter, in the Petition
mentioned, the faid Bullett having an Order for that Purpofe from the Brother and
Executor of the faid Smith.
He alfo reported that the Committee to whom the Petition of Henry Timberlake
was referred had had the fame under their Confideration, and come to a Refolution
thereon ; which he read in his Place, and then deUvered in at the Table, where it was
again twice read, and agreed to by the Houfe, as follows:
Refolved, That the Petition be rejedled, the Demand being payable out of the Funds
appropriated to defray the contingent Charges of this Government.
A Petition of Robert Brackenridge, praying to be reimburfed a Sum of Money which
he advanced to three Men of his Company of Militia when ftationed on Duty at Fort
Chifwell, in the Year 1761, he having negledted to infert their Names in the Pay Roll
for that Service, was prefented to the Houfe and read.
Ordered, That the faid Petition be referred to the Confideration of the next Seffion
of Affembly.
On
J Hening, VIII, p. 17.
C 214 ]
On the Petition of James Gait, Keeper of the publick Gaol, praying a Continuance
of his former Salary,
Refolved, That the additional Sum of p^iS be paid to the faid James Gait, over and
above his ufual Salary of ;£2 5 per Annum.
Refolved, That 10 lbs. of Tobacco per Day be allowed to the faid James Gait, for
every Criminal committed to the faid Gaol during fuch Criminal's Imprifonment, from
this Time to the End of the next Seffion of Affembly.
A Petition of James Wilfon, praying fome Compenfation for the Lofs of the Ufe of
his right Arm, occalioned by a Mufket Shot in an Engagement with a large Body of
Indians in September laft.
Alfo a Petition of Robert Clandening, fetting forth that he being draughted out of
the Militia of Angiifta County was fent out under the Command of Captain Moffat,
to repel the hoftile Invafions of the Indians on the Frontiers of this Colony; that in an
Ac^tion between a large Body of Indians, and a Detachment from the Companies of the
faid Mofifat, and Captain Phillips of Louifa, he was dangeroufly wounded in his right
Arm bv a Mufket Ball, which has deprived him of the Ufe thereof, and rendered him
entirely incapable of getting his Livelihood; and praying the Confideration of the
Houfe therein, was prefentd to the Houfe and read.
Ordered, That the faid Petition be referred to the Confideration of M'' Gary, 'W Wilfon
M'' Robert Boiling, Jun. and M"" Fleming; that they examine into the Allegations thereof,
and report the fame, with their Opinion thereon, to the Houfe.
On a Motion made.
Ordered, That M'' Gary be added to the Perfons to whom the Petition of Jofeph
Terry, &c. is referred.
M"" Attorney, from the Perfons to whom the Bill To empower the Corporation of the
City of Williamfburg to affefs Taxes on the Inhabitants thereof for the Purpofes therein
mentioned, and for repealing a certain A(5l of Affembly therein aKo mentioned, was
committed, reported that the Committee had made feveral Amendments thereto; which
he read in his Place, and then delivered in at the Table, where they were again twice
read, and agreed to by the Houfe.
Ordered, That the faid Bill with the Amendments be engroffed, and read a third
Time.
On a Motion made,
Ordered, That Leave be given to bring in a Bill To enable certain Adventurers to
drain a large Tradl of marfhy Ground in the Counties of Nanfemond and Norfolk; and
it is referred to M'' Richard Henry Lee and M"" Lemuel Riddick, to prepare and bring in
the fame.
A Petition of Thomas Branan, praying to be allowed for three Horfes impreffed into
the Ser\'ice in the Years 1756, 1758, and 1759, appraifed to ;^25.i5, and never returned
him, was prefented to the Houfe and read.
Refolved, That the faid Thomas Branan be allowed by the Publick the Sum of
£25.15, for the Horfes in the Petition mentioned.
On the Petition of Jofeph Royle, Printer, praying the Continuance of his Salary as
Printer to this Houfe,
Refolved, That the Sum of £:^'js per Annum be allowed to the faid Jofeph Royle,
Printer, to continue to the End of the next Seffion of Affembly, as a full Confideration
for printing the Journal of the Houfe of Burgeffes, printing the Laws of each Seffion
and fending as many Copies to the County Court Clerks as there are Juftices in the
Commiffion in each refpedlive County, and one other, which is to be half boimd, for
the Ufe of the Court, and ten to the Clerk of the Court of Huftings of the Borough of
Norfolk, ]:)rinting Infpedlors Notes and Books, Proclamations, and other publick Adver-
tifements.
Ordered, That the faid Refolve be engroffed, and that M"" Attorney do carry it to the
Council for their Concurrence.
A
16
[ 215]
A Claim of John Befley, for taking up a Runaway therein mentioned, was prefented
to the Hotife and received.
Ordered, That the faid Claim be referred to the Confideration of the next Seffion
of Affembly.
The Order of the Day being read, the Houfe again refolved itfelf into a Committee
on the Bill For appointing Commiffioners to examine and ftate the Accounts of the
Militia lately ordered out into adlual Service, and for other Purpofes therein mentioned ;
and after fome Time fpent therein, M'' Speaker refumed the Chair, and M"" Attorney
reported that the Committee had had the faid Bill under their further Confideration,
and made feveral Amendments thereto, which they had directed him to report to the
Houfe ; and he read the faid Amendments in his Place, and delivered them in at the
Table, where they were again twice read, and agreed to by the Houfe, with fome Amend-
ments.
Ordered, That the faid Bill with the Amendments, as amended, be engroffed, and
read a third Time.
On a Motion made.
Ordered, That Leave be given to bring in a Bill For amending an A(ft, entitled, An
Ad^ for amending and further continuing the feveral Ads of Affembly of this Colony for
amending the Staple of Tobacco, and for preventing Frauds in his Majefty's Cuftoms;
and it is referred to M'' Cary, and M'" Richard Henry Lee, to prepare and bring in the
fame.
M'' Richard Henry Lee, prefented to the Houfe, according to Order, a Bill To enable
certain Adventurers to drain a large Tradt of marfhy Ground in the Counties of Nanfe-
mond and Norfolk; and the fame was read the firft Time, and ordered to be read a fecond
Time.
And the}i the Houfe adjourned until To-morrow Morning 12 "'Clock.
Ol)urs6aY» t^e I9tl) of 'SanuarY. 4 (5eo. III. 1764.
A Petition of Abraham Kuykendall, praying to be reimburfed the Sum of ;^5.io
which he paid to Surgeons for healing a dangerous Wound in his Body, received
in an Attack with the Indians on the Frontiers of this Colony, as alfo fome
Compenfation for his Sufferings.
Alfo a Petition of John Dickenfon, fetting forth that he went out Captain of a Com-
pany of Volunteers of Angufta County, in Purfuit of the Indians who have of late
infefted thofe Parts, in Odober laft, and came up with them, and had an Engagement,
in which he received a Wound in his left Hand, which has rendered it entirely uf clefs;
and praying the Confideration of the Houfe therein, and that he many be allowed for a
Quantity of Provifions laid in at Fort Dunlop, by Orders he received for that Purpofe, ■
intended for Part of Colonel Byrd's Regiment, which never arrived, and the Provifions
fpoiled on his Hands, was prefented to the Houfe and read.
Ordered, That the faid Petitions be referred to the Confideration of M"" Cary, M""
Wilfon, A'P Robert Boiling, Jtm. and M"" Fleming; that they examine into the Allega-
tions thereof, and report their Opinion thereon to the Houfe.
Several Claims of John Pidliam, William Sergant, Jofeph Morehead, and Jofeph
Williams, for taking up Runaways therein mentioned, were prefented to the Houfe
and received.
Ordered, That the faid Claims be referred to the Confideration of the next Seffion
of Affembly.
A Petition of Hugh Cunninghame, fetting forth that on the 17^^ of July laft the
Savages in an Incurfion met with his Father and Mother, and inhumanly murdered
18 them, together with his Wife and Son, captivated his Daughter, and fhot him in the
Breaft
' Hening, VII, p. 387
[ 2l6 ]
Breaft, the Bullet lodging in his Shoulder; that the Wound is ftill open, and he labours
in much Pain and Anguifli ; they likewife rode away his Horfes, fhot down his Cattle
in the Fields, burnt his Houfe and Bam, and all his Com, and left him deftitute even
of Bread and Clothing ; and praying fome Compenfation for his Loffes, was prefented
to the Houfe and read ; and the Queftion being put that the laid Petition be referred
to a Committee,
It paffed in the Negative.
Refolved, That the faid Petition be rejeded.
M'' Gary, from the Committee appointed, prefented to the Houfe, according to
Order, a Bill For amending an Adl, entitled, An Ad^ for amending and further continuing
the feveral Ads of Affembly of this Colony for amending the Staple of Tobacco, and for
preventing Frauds in his Majefty's Cuftoms; and the fame was read the firft Time, and
ordered to be read a fecond Time.
A Petition of Peter Pelham, Organift, praying to be allowed for his Trouble in per-
forming on the Organ in the Church of the City of Williamfburg for the laft Year, and
during this Seffion, and for keeping the fame in Order, was prefented to the Houfe
and read.
Refolved, That the Sum of £30 be allowed to the faid Pelham, for the Services in
his Petition mentioned.
Ordered, That the faid Refolve be fairly engroffed, and that M'' Richard Henry Lee
do carry it up to the Council for their Concurrence.
On a Motion made.
Ordered, That Leave be given to bring in a Bill For paying the Burgeffes Wages in
Money for this prefent Seffion of Affembly ; and it is referred to M"' Cary to prepare and
bring in the fame.
An engroffed Bill, entitled, An Ad^ todired the Sale of certain entailed Lands whereof
John Spotfwood, Efq; died feized, for Payment of the Debts due from him, and the Eftate
of Major General Alexander Spotfwood, was read the third Time, and the Blanks therein
filled up.
Refolved, That the faid Bill do pafs.
Ordered, That M*" Edmund Pendleton do carry up the faid Bill to the Council for
their Concurrence.
On a Motion made.
Ordered, That it be an Inftru<5lion to M'' Gary, to whom it is referred to bring in a
Bill For paying the Burgeffes Wages in Money for this prefent Seffion of Affembly, to
augment the faid Burgeffes Wages to 15s each.
An engroffed Bill, entitled, An Ad^ to empower the Veftry of the Parifh of Elizabeth
River, in the Gounty of Norfolk, to purchafe and improve Lots in the Borough of Norfolk
for the Ufe of the Minifter, inftead of a Glebe, and to pay their Minifter's Salary in Money
inftead of Tobacco, was read a third Time, and the Blanks therein filled up.
Refolved, That the faid Bill do pafs.
Ordered, That M"" Bradley do carry up the faid Bill to the Council for their Con-
currence.
A Petition of Robert Hamilton, praying fome Compenfation for the Loffes he has
of late fuftained by the Incurfions and Depredations of the Savages, was prefented to
the Houfe and read ; and the Queftion being put that the faid Petition be referred to a
Committee,
It paffed in the Negative.
Refolved, That the faid Petition be reje(5led.
A written Meffage from the Govemour was delivered by M"" Walthoe, as follows :
M"" Speaker, and Gentlemen of the Houfe of Burgeffes,
It gives me great Satiffadion that the Meafures I have purfued for the Defence of the
Frontiers, expenfive as they Itave proved, have met with your Approbation; but it would
have
■ Hening.VII, p. 387. > Ibid., VIII, p. 27. 3 Ibid., VIII, p. 14.
30
[ 217 ]
have heightened this Pleafure if, confiftently with the Circumftances of the Colony, you
could have fallen upon fome Expedient to have affifted his Majefty's regular Troops in
the Plan propofed by his Generals for reducing the Indians to his Obedience, and a Willing-
nefs to accept of the Terms of Peace which he generoufly offers them for the future Security
of his Subjeds in America .
You may affure yourfelves that it fhall be my Study to make Ufe of the Power you put
into my Hands in the leaft expenfive, but at the fame Time the moft effedual Manner, to
anfwer the Purpofes for which it is depofited with me.
A Bill For altering the Court Day of the County of Lancafter was read the fecond
Time, and committed to M"" Cary, and the Members of Lancafter and Gloucefter.
An engroffed Bill, entitled, An Ad"- to veft certain entailed Layids whereof William
Cary is feized, in Allen Jones, in Fee Simple, and for fettling other Lands and Slaves to
be purchafed in Lieti thereof, was read a third Time, and the Blanks therein filled up.
Refolved, That the faid Bill do pafs.
Ordered, That M"" Edmund Pendleton do carry it up to the Council for their Con-
currence.
A Bill To enable the Nottoway and Nanfemond Indians to fell certain Lands belong-
ing to them, and for other Purpofes therein mentioned, was read the fecond Time.
Ordered, That the faid Bill be engroffed, and read a third Time.
An engroffed Bill, entitled, An Ad' to dock the Entail of certain Lands whereof Charles
Carter, Efq; is feized, and for fettling other Lands of greater Value to the fame Ufes, was
read the third Time.
Refolved, That the faid Bill do pafs.
Ordered, That M"" Attorney do carry up the faid Bill to the Coimcil for their Con-
currence.
An engroffed Bill, entitled, An Adi to empower the Corporation of the Cityof Williamf-
burg to affefs Taxes on the Inhabitants thereof for the Purpofes therein mentioned, and
for repealing a certain Ad of Affembly therein alfo mentioned, was read the third Time,
and the Blanks therein filled up.
Refolved, That the faid Bill do pafs.
Ordered, That M'' Attorney do carry it up to the Council for their Concurrence.
An engroffed Bill, entitled. An Ad* for appointing Commiffioners to examine and
ftate the Accounts of the Militia lately ordered out into adual Service, and for other Purpofes
therein mentioned, was read the third Time, and the Blanks therein filled up.
Refolved, That the faid Bill do pafs.
Ordered, That M'' Attorney do carry up the faid Bill to the Coimcil for their Con-
currence.
A Bill For eftablifhing a Ferry from the Land of Thomas Caff on, over Rappahannock
River, to the oppofite Shore in Caroline, was read the fecond Time.
Ordered, That the faid Bill be engroffed, and read a third Time.
A Bill To enable certain Adventurers to drain a large Traft of marfhy Ground in
the Counties of Nanfemond and Norfolk, was read a fecond Time.
Ordered, That the faid Bill be engroffed, and read a third Time.
M"" Cary prefented to the Houfe, according to Order, a Bill For paying the Burgeffes
Wages in Money for this prefent Seffion of Affembly ; and the fame was read the firft
Time, and ordered to be read a fecond Time.
A Bill For opening and clearing a Road through Rockfifh Gap over the Mountains,
was read a fecond Time.
Ordered, That the faid Bill be engroffed, and read a third Time.
A Bill To empower the Veftry of the Parifh of Bath, in the County of Dinwiddie,
to fell their Glebe, and purchafe a more convenient One, was read a fecond Time.
Ordered, That the faid Bill be engroffed, and read a third Time.
An
' Hening, VIII, p. 34. ' Ibid., VIII, p. 25. 3 Ibid., VIII, p. 21. 4 Ibid., VIII, p. 9.
[ 2i8 ]
An Ad' For amending and further continuing the feveral Ads of Affembly of this
Colony for amending the Staple of Tobacco, and for preventing Frauds in his Majefty's
Cuftoins, was read a fecond Time.
Ordered, That the faid Bill be engroffed, and read a third Time.
On a Motion made,
A Bill For paying the Burgeffes Wages in Money for this pre£ent Seffion of Affembly
was read the fecond Time.
Ordered, That the faid Bill be engroffed, and read a third Time.
And then the Houfe adjourned until To-morrow Morning 12 "'Clock.
Trl5aY. t^e 20t^ of 'January. 4 (Beo. Ill 1764,
AN engroffed Bill, entitled. An Ad^ to enable certain Adventurers to drain a large
Trad of marfhy Ground in the C'ozn7^z>5 o/ Nanfemond awd Norfolk, was read a
third Time.
Refolved, That the faid Bill do pafs.
Ordered, That M"" Fleming do carry up the faid Bill to the Council for their Con-
currence.
A Mcffage from the Council was delivered by M'' Walthoe.
That they have agreed to the Bill, entitled. An Adt^ for appointing Commiffioners to
examine and ftate the Accounts of the Mihtia lately ordered out into ac^lual Service,
and for other Purpofes therein mentioned.
Alfo to the Bill, entitled, An Adt* for difcontinuing the Warehoufes on thefouth Side
of N oniony River, and eftablifhing others at a more convenient Landing.
Alfo to the Bill, entitled, An Adt'' to empower the Corporation of the City of Williamf-
burg to affefs Taxes on the Inhabitants thereof for the Purpofes therein mentioned, and
for repealing a certain Adt of Affembly therein alfo mentioned.
Alfo to the Bill, entitled. An Adt* to empower the Veftry of the Parifli of Elizabeth
River, in the Cotinty of Norfolk, to purchafe and improve Lots in the Borough of Norfolk,
for the Ufe of the Minifter, inftead of a Glebe, and to pay their Minifter's Salary in Money
inftead of Tobacco.
Alfo to the Bill, entitled, An Adl7 to dock the Entail of certain Lands whereof Charles
Carter, Efq; is feized, and for fettling other Lands of greater Value to the fame Ufes.
Alfo to a Refolve of this Honfe For allowing Edward Hubbard ;^36i . 17.6 for the
Purpofes therein mentioned.
An engroffed Bill, entitled, An Ad^ toempoiver the Veftry of the Parifh of Bath, in
the County of Dinwiddie, to fell their Glebe, and purchafe a more convenient One, was read
a third Time.
Refolved, That the faid Bill do pafs.
Ordered, That M"" Claiborne do cany up the faid Bill to the Council for their Con-
currence.
An engroffed Bill, entitled, An Ad^ to enable the Nottoway and Nanfemond Indians
to fell certain Lands belonging to them, and for other Purpofes therein mentioned, was read
a third Time, and the Blanks therein filled up.
Refolved, That the faid Bill do pafs.
Ordered, That M'' Gray do carry up the faid Bill to the Council for their Concurrence.
An engroffed Bill, entitled, An Ad'° for opening and clearing a Road through Rockfifh
Gap over the Mountains, was read the third Time, and the Blanks therein filled up.
Refolved, That the faid Bill do pafs.
Ordered
■ Hening, VII, p. 387. * Ibid., VIII, p. 17. 7 Ibid., VIII, p. 25. 0 Not in Hening.
' Ibid.. \ni, p. 18. •. Ibid., Vlll, p. 21. » Ibid., Vlll, p. 24. 1° Hening, VIII, p. 16.
.' Ibid.. VIII, p. 9. 6 ]bid., VIII, p. 14.
22
[ 219 ]
Ordered, That M' Chriftian do carry up the £aid Bill to the Council for their Con-
currence.
A Petition of Robert Andrews, praying to be allowed a Recompenfe for the Wounds
he received in the Sen'ice of the Country, in a late Engagement with the Enemy Indians,
was prefented to the Houfe and read.
Ordered, That the faid Petition be referred to the Confideration of the Committee
to whom the Petitions of Kuykendall and Dickenfon were referred ; that they examine
into the Allegations thereof, and report the fame, with their Opinion thereon, to the
Hovife.
An engroffed Bill, entitled. An Ad^ for amending an Ad, entitled. An Ad for amend-
ing and further continuing the feveral Ads of Affenibly of this Colony for amending the
Staple of Tobacco, and for preventing Frauds in his Majefty's Cuftoms, was read the third
Time.
Refolved, That the faid Bill do pafs.
Ordered, That M'' Cary do carry up the faid Bill to the Council for their Concurrence.
An engroffed Bill, entitled. An Ad' foreftablifhingaFerry from the Land of Thomas
Caffon, over Rappahannock River, to the oppofite Shore in Caroline, was read the third
Time, and the Blanks therein filled up.
Refolved, That the faid Bill do pafs.
Ordered, That M"" Charles Carter do carry it up to the Council for their Concurrence.
An engroffed Bill, entitled. An Ad^ for paying the Burgeffes Wages in Money for
this prefent Seffion of Affenibly, was read the third Time, and the Blanks therein filled up.
Refolved, That the faid Bill do pafs.
Ordered, That M'' Cary do carry up the faid Bill to the Coimcil for their Concurrence.
On a Motion made,
Refolved, That the feveral Sums following be paid to the feveral Officers of the
General Affenibly, refpedlively :
To John Randolph, Efq ; Clerk of the Houfe of Burgeffes, £75
To Nathaniel Walihoe, Efq; Clerk of the General Affembly, 30
To the Rev. M'' William Yates, Chaplain, 20
To M"" Francis Eppes, Sergeant at Arms, 20
To the Doorkeeper of the Council, 15
To James Lavie, . . .
To Nathaniel Hix, .
To John Broadrib,.
J
> Doorkeepers to the Houfe <
5
5
5
To Thomas Francis.. ..J 1^ 5
Ordered, That M"' Cary do carry it up to the Coimcil for their Concurrence.
Several Claims of Peter Pierce, George Neavill, ]\xn. Francis Farnell, Abraham
Symfon, Mofes Bledfoe, William Symfon, and Anthony Fofter, for taking up Runaways
therein mentioned, were prefented to the Houfe and received.
Ordered, That the faid Claims be referred to the Confideration of the next Seffion
of Affembly.
Ordered, That the Committee to examine the enrolled Bills do confift of the follow-
ing Perfons, viz. M'' Wythe, M'' Grymes, M'' Bradley, M'' Richard and Henry Lee.
A Meffage from the Covmcil was delivered by M"" Walthoe.
That they have agreed to the Bill, entitled, An Adl* to enable certain Adventurers to
drain a large Tradl of marfhy Ground in the Counties of Nanfemond and Norfolk.
Alfo to the Bill, entitled. An Ad' To empower the Veftry of the Parifh of Bath, in
the Coiinty of Dinwiddie, to fell their Glebe, and purchafe a more convenient One.
Alfo to the Bill, entitled. An Adl* for opening and clearing a Road through Rockfifh
Gap over the Mountains.
Alfo
« Hening, VIII, p. 12. i Not in Hening. 5 Ibid., VIII, p. 24. « Ibid., VIII, p. 16.
» Ibid.. VIII, p. 19 4 Hening, VIII, p. 18.
[ 220 ]
Alfo to a Refolve of this Houfe For allowing Jofeph Royle, Printer, £3-] 5 per Annum.
On a Motion made,
Ordered, That it be an Inftrudtion to the Perfons to whom the Bill For altering the
Court Day of Lancafter County was committed, that they receive a Claufe or Claufes
for altering the Court Day of Warwick, Chefterfield, and Gloucefter Counties.
M^ Gary, from the Perfons to whom the Bill For altering the Court Day of the
County of Lancafter was referred, reported that the Committee had made feveral Amend-
ments thereto ; which he read in his Place, and then delivered the Bill, with the Amend-
ments, in at the Table, where they were again twice read, and agreed to by the Hovife.
Ordered, That the faid Bill, with the Amendments, be engroffed, and read a third
Time.
A Meffage from the Council was delivered by M"" Walthoe.
Thai they have agreed to the Bill, entitled. An Adt' to diredl the Sale of certain entailed
Lands whereof John Spotfwood, Efq; died feized, for Payment of the Debts due from
him, and the Eftate of Major General Alexander Spotfwood.
Alfo to a Bill, entitled, An Adl' to veft certain entailed Lands whereof William Gary
is feized, in Allen Jones, in Fee Simple, and for fettling other Lands and Slaves to be
purchafed in Lieu thereof.
Alfo to the Bill, entitled. An Adl^ for amending an A(5b, entitled. An A<fb for amending
and further continuing the feveral Adls of Aflembly of this Colony for amending the
Staple of Tobacco, and for preventing Frauds in his Majefty's Cuftoms.
Alfo to the Bill, entitled, An A6t* for eftablifhing a Ferry from the Land of Thomas
Gaff on, over Rappahannock River, to the oppofite Shore in Garoline.
Alfo to the Refolve of this Houfe, For paying the Officers Salaries.
M'' Gary, from the Perfons to whom the Petition of James Wilfon, Robert Glanden-
ing, John Dickenfon, Abraham Kuykendall, and Robert Andrews, were referred, reported
that they had had the fame under their Confideration, and had agreed upon a Report,
and come to feveral Refolutions thereon ; which he read in his Place, and then delivered 23
in at the Table, where they were again twice read, and agreed to by the Houfe, and are
as follow :
Refolved, That the Petitioners James Wilfon and Robert Glandening be allowed the
Sum of £i\o each, to enable them to dif charge the Demands of the Do<5lor, and other
Expenfes, incurred by the Wounds they received in the Service of their Country.
Refolved, That the faid James Wilfon and Robert Glandening be allowed the Sum
of ;^io each per Annum, for their Support during their Lives, they having both loft the
Ufe of their right Arms in the faid Service.
Refolved, That the faid John Dickenfon be allowed the Sum of ;£2oo, as a Compenfa-
tion for the Lofs of the Ufe of his Hand in the Service of the Country.
Refolved, That the faid John Dickenfon be allowed for 7529 lbs. of Beef, laid in at
Fort Dunlop, the Sum of £j\(). 16; and for killing, providing Salt, falting, and fmoking
the faid Beef, £12.4; and for two Years Intereft thereon, ;^5.i8; amounting in the
Whole to £64. 18.
Refolved, That the Petition of the faid Abraham Kuykendall be rejedted, it appear-
ing that he was not employed in the Service of the Country.
Refolved, That the Petitioner Robert Andrews be allowed the Sum of £20, to enable
him to difcharge the Demand of the Dodlor, and other Expenfes, incurred by the Woimd
he received in the Service of this Country.
Refolved, That the faid Robert Andrews be allowed the further Sum of ;£ 10 per Annum,
for his Support during his Life, he having loft the Ufe of his right Arm in the faid Service.
Ordered, That the faid Refolves be engroffed, and that M'' Gary do carry them to
the Council for their Concurrence.
Mr
' Hening, VIII, p, 27. =. Ibid., VIII, p, 34. 3 Ibid., VIII, p, 12. * Ibid., VIII, p, 19.
24
[ 221 ]
M' Thomas Johnfon, from the Perfons to whom the Petition of Jofeph Terry, Jun.
Jofeph Winfton, and Robert Goodwin, were referred, reported that they had examined
into the Allegations thereof, and foimd them to be true, and had agreed upon a Report, and
come to two Refolutions thereon ; which he read in his Place, and then delivered them
in at the Table, where they were again twice read, and agreed to by the Houfe, as follow :
Refolved, That the faid Jofeph Terry and Jofeph Winfton be allowed the Sum of
£2$ each, to enable them to dif charge the Dodlors Accounts, and to recompenfe them
for their Lofs of Time after they were difbanded, while they continued lame of the
Wounds they received in the Service of the Publick.
Refolved, That the Petitioner Robert Goodwin be allowed the Stmi of ;^ii.7.6, the
Expenfes he incurred from the Woimds he received in the Service of his Coimtry.
Ordered, That the faid Refolves be engroffed, and that M'' Gary do carry them up
to the Covmcil for their Concurrence.
An engroffed Bill, entitled, An Ad' for altering the Gourt Days of the Gounties of
Lancafter, Gloucefter, Chefterfield, and Warwick, was read the third Time, and the
Blanks therein filled up.
Refolved, That the faid Bill do pafs.
Ordered, That M'' Gary do carry up the faid Bill to the Council for their Concurrence.
And then the Houfe adjourned until To-morrow Morning 12 °'Glock.
A
Saturday* t^e 2lst of ^anuar^, 4 (Beo. III. 1764.
Meffage from the Council was delivered by M'' Walthoe.
That they have agreed to the Bill, entitled, An Adl* for altering the Court
Days of the Counties of Lancafter, Gloucefter, Ghefterfield, and Warwick.
Alfo to the Refolve of this Houfe For allowing Peter Pelham £30, for the Services
therein mentioned.
Alfo to the fever al Refolves For allowing the Wounded Officers and Soldiers the feveral
Sums therein mentioned.
M'' Wythe reported that the Committee appointed had, according to Order, exam-
ined the enrolled Bills and Refolves, and redlified fuch Miftakes as were foimd therein,
and that they were truly enrolled.
Ordered, That M'' Wythe do carry up the faid Bills and Refolves to the Council for
their Infpedtion.
A Meffage from the Council by M' Walthoe,
That they have infpeded the enrolled Bills and Refolves, and are fatiffied they are
truly enrolled.
A Meffage from the Govemour by M"' Walthoe.
M' Speaker,
The Govemour commands the immediate Attendance of this Houfe in the Gouncil
Ghamber, and that you bring with you fuch Bills and Refolves as are ready for his Affent.
M"" Speaker, with the Hovife, went up accordingly, and the Govemour was pleafed
to give his Affent to the following Bills :
/. An Adi for appointing Gommiffioners to examine and ftate the Accounts of the
Militta lately ordered out into adual Service, and for other Purpofes therein mentioned.
2. *For amending an Ad, entitled. An Ad for amending and further continuing the
feveral Ads of Affembly of this Golony for amending the Staple of Tobacco, and for pre-
venting Frauds in his Majefty's Guftoms.
To
" Hening, VIII, p. 23. ' Ibid., VIII, p. 23. 3 Ibid., VIII, p, 9. 4 Ibid., VIII, p. 12.
[ 222 ]
J. ■ To empower the Veftry of the Parifh of Elizabeth River, in the County of Norfolk,
to purchafe and improve Lots in the Borough of Norfolk for the Ufe of the Minifter, inftead
of a Glebe, and to pay their Minifter' s Salary in Money inftead of Tobacco.
4. ^For opening and clearing a Road through Rockfifh Gap over the Mountains.
5. 3For difcontinuing the Warehoufes on the foiith Side of Nomony River, and eftab-
lifhing others at a more convenient Landing.
6. *To enable certain Adventurers to drain a large Trad of niarfhy Ground in the
Counties of Nanefmond and Norfolk.
7. sFor eftablifhing a Ferry from the Land of Thomas Caff on, over Rappahannock
River, to the oppofite Shore in Caroline.
8. ^ To empower the Corporation of the City of Williamfburg to affefs Taxes on the
Inhabitants thereof for the Piirpofes therein mentioned, and for repealing a certain Ad of
Affembly therein alfo mentioned.
g. 7 For altering the Court Days of the Counties of Lancafter, Gloucefter, Chefterfield,
and Warwick.
JO. ^An Ad to empower the Veftry of the Parifh of Bath, in the County of Dinwiddie, 25
to fell thetr Glebe, and purchafe a more convenient One.
11. ''To dock the Entail of certain Lands whereof Charles Carter, Efq; is feized, and
for fettling other Lands of greater Value to the fame Ufes.
12. ^°To dired the Sale of certain entailed Lands whereof John Spotfwood, Efq; died
feized, for Payment of the Debts due from him, and the Eftate of Major General Alexander
Spotfwood.
I J. '^To veft certain entailed Lands whereof William Gary is feized, in Allen Jones,
in Fee Simple, and for fettling other Lands and Slaves to be purchafed in Lieu thereof.
Alfo to the following Refolves :
1. For alloiving Jofeph Royle £375 a Year, for the Purpofes therein mentioned.
2. For paying Alexander Waugh £j6i .ij .6, for the Purpofes therein mentioned.
J. For paying to the Officers and Soldiers the feveral Sums therein mentioned.
4. For allowing Peter Pelham £jo, for his Services as Organift.
5. For allowing the Officers of the General Affembly the feveral Su7ns therein mentioned .
And then clofed the Seffion with the following Speech :
Gentlemen of the Council, M"" Speaker, and Gentlemen of the Houfe of Bnrgeffes,
As you have gone through all the Bufinefs that was before you, I fhall now difmifs
you from any further Attendance on this Seffion of Affembly; but I cannot do this without
exprefing the juft Senfe I have of the Confidence you fo kindly place in me, by leaving the.
Defence of your Frontiers under my Diredion. This fhows your Approbation of the
Meafures I purfued the laft Summer, and your Approbation is always Matter of great
Plea f lire to me; and that J may not hereafter forfeit it, yon may affure y our f elves that I
fhall employ the Power I am vefted with in the beft Manner I am able to anfwer the Purpofes
intended by it. In doing this, I fhall endeavor to poft fuch of the Militia as it may be
judged neceffary to employ in fuch a Manner as to cover the Country, if poffible, and thereby
perhaps give fome Affiftance to any Plan of Operation propofed by the Commanders of
his Majefty's Troops, as far as that Service can be done without marching our Men out
of the Colony, and expofing our own Settlements. I fhall now prorogtie you, and you are
accordingly prorogued, to the laft Thurfday in April next.
' Hening, VIII, p. 14. •» Ibid.. VIII, p. 18. 7 Ibid., VIII, p. 23. -o ibid., VIII, p. 27.
= Ibid.. VIII, p. 16. 5 Ibid.. VIII, p. 19. 8 Ibid., VIII, p. 24. '■ Ibid.. VIII, p. 34.
3 Ibid.. VIII, p. 17. 0 Ibid.. VIII, p. 21. P Ibid., VIII, p. 25.
JOURNAL
>f the
H
OUSE
OF B
URGESSES
1764
Oftober Seffion
Burgeff es.
Accomac
Albemarle
Amelia
Amherft
Augufta
Bedford
Brunfwick
Buckingham
Caroline
Charles City
Chefterfield
The College
Culpeper
Cumberland
Dinwiddle
Elizabeth City
Effex
Fairfax
Faiiquier
Frederick
Gloucefter
Goochland
Halifax
Hampfhire
Thomas Parramore
Southey Simpfon
Thomas Walker
Henry Fry
David GreenhiU
Thomas Tabb
WilHam CabeU
Cornelius Thomas
Ifrael Chriftian
John WiKon
William Callaway
John Talbot
William Thornton
Ifaac Rowe Walton
*Robert BolUng, Jr.
Jofeph Cabell
John Baylor
Edmimd Pendleton
Benjamin Harrifon
William Kennon
Archibald Cary
Richard Eppes
Mann Page
John Field
James Barbour
John Fleming
Thomas Proffer
Robert BolUng
Leonard Claiborne, Jr.
George Wythe
WiUiam Wager
John Lee
John Upfhaw
George Johnfton
John Weft
Thomas Harrifon
Thomas Marfhall
George Wafhington
George Mercer
Thomas Whiting
John Page
John Payne
Jofias Payne
Nathaniel Terry
*Edward Booker
James Mercer
Thomas Rutherford
Hanover
Henrico
Ifle of Wight
James City
Jameftown
King & Queen
King George
King William
Lancafter
Loudoun
Louifa
Lunenburg
Middlefex
Nanfemond
New Kent
Norfolk
Norfolk Borough
Northampton
Northtimberland
Orange
Prince Edward
Prince George
Prince William
Princefs Anne
James Littlepage
John Syme
Bowler Cocke
♦Phihp Mayo
James Bridger
Dolphin Drew
Lewis BurweU
PhiHp Johnfon
Edward Champion Travis
John Pendleton
John Robinfon
Charles Carter
William Champe
Bernard Moore
Carter Braxton
Charles Carter
Richard Mitchell
Francis Lightfoot Lee
James Hamilton
William Johnfon
Thomas Johnfon
Henry Blagrave
Clement Reade, Jr.
John Smith
*Gawin Corbin
Willis Riddick
Lemuel Riddick
BurweU Baffett
Richard Adams
WiUiam Bradley
Thomas Veal
Jofeph Hutchings
John Harmanfon
Thomas Dalby
Richard Hull
Spencer Ball
James Taylor
James Walker
Peter Legrand
*Abner Nafh
Richard Bland
Richard Bland, Jr.
John BayHs
Henry Lee
Edward Hack Mofeley
Anthony Walke
*Not fliown by the Journal to have been prefent diiring the Affembly.
[ 226 ]
Richmond
Southampton
Spotfylvania
Stafford
Surry
John Woodbridge
Landon Carter
♦Jofeph Gray
Benjamin Symmons
Fielding Lewis
Benjamin Grymes
William Fitzhugh
Thomas L. Lee
Hartwell Cocke
William Bailey
Suffex David Mafon
John Edmrmds
Warwick William Digges
William Harwood
Weftmoreland Richard Henry Lee
Richard Lee
Williamfburg Pej'ton Randolph
York Dudley Digges
Thomas NeKon, Jr.
♦Not fhown by the Journal to have been prefent during the Affembly.
Changes in the Perfonnel, 1764.
October Seffion.
Albemarle
Cumberland
Halifax
King George
Middlefex
Spotfylvania
Henry Fry fucceeded John Fry
Thomas Proffer fucceeded George Carrington
Edward Booker fucceeded Robert Wade
William Champe fucceeded Charles Carter, Sr.
Gawin Corbin fucceeded Ralph Wormeley
Benjamin Grymes fucceeded William Johnfton
JOURNAL
of the
House of B
A
OUSE OF DURGESSES
Z5ues6aj. 1^4 30tl) of October. 5 <&eo. Ill 1764.
Meffage from the Govemour was delivered by M'' Walthoe,
M"" Speaker, and Gentlemen of the Houfe of Burgeffes,
The Govemour commands the immediate Attendance of your Houfe in the
Council Chamber.
Accordingly M"" Speaker, with the Hoxafe, went up to attend the Govemotir.
And being returned, reported that the Houfe had attended the Govemour in the
Council Chamber, and that he was pleafed to make a Speech to the Coimcil and this
Houfe, of which he had, to prevent Miftakes, obtained a Copy; which he read in his
Place, and afterwards delivered in at the Table, where it was again twice read, and is
as follows :
Gentlemen of the Council, M'' Speaker, and Gentlemen of the Houfe of Burgeffes,
You are now met in General Affembly, after a long Recefs, to confider of and go through
the Bufinefs of the Country, and fuch other Points as may be offered for your Deliberation.
In the Courfe of this Seffion many Al after s of Importance will come under your Con federa-
tion; and by the long previous Notice you have had of the Time of your affembling, I hope
I now meet you prepared to undergo with Patience and Cheerfulnefs the Fatigue which a
long Seffion unavoidably brings with it.
Be fides the ordinary Bufinefs of the Seffion, I have it in Charge to lay before you, and
earneftly recommend to your moft ferious Attention, a Propofition made by the Merchants
of Great Britain trading to this Colony to the Right Honourable the Board of Trade, relat-
ing to their liaving their Sterling Debts fecured to them by a Payment in Sterling Money:
This is reafonable on the Face of it; and the Lords of Trade have left it to you to provide
for it yourfelves, by any Means you fhall think moft expedient to effed that Purpofe, before
they referred the Complaints of the Merchants to the Britifh Parliament. This Lenity of
their Lordfhips demands a fuitable Return from you: And that you may be the better enabled
to anfwer their Expedations, I fhall immediately lay before you a Minute of the Proceedings
of that Right Honotirable Board, and the Letter their Lordfhips have fent to me on that Head.
By a now Long Experience, I have always found you difpofed to do Juftice to all Men;
and I hope this Dtfpofition will induce you to give that Juftice to the Merchants which fhall
be fatiffadory, not only to his Majefty and his Minifters, but to the Merchants themfelves.
This Letter I have long fince received; but being unwilling to give you an additional Trouble,
and create an unneceffary Expenfe to the Country, I did not immediately convene you, but
poftponed it to this Time, when it was thought proper you fhoidd meet, as I judged this
would anfwer the Purpofe intended: But then, Gentlemen, I undertook to anfwer for you
that you fhould enter tipon this Matter immediately on your Meeting, that I might be enabled
to tranfmit to their Lordfhips your Ads, in Confequence of the Propofition offered you,
Time enough for their Lordfhips to make that Ufe of them which they fhould think proper*
That I may perform this Engagement, which I have entered into on your Account, I make
no
[ 228 ]
no Daubt but that you ii-ill, uithmit Delay, proceed an this Buftnefs; and that the Refult
of your Deliberations will do Honour to yourfelves, Juftice to the Merchants, and give
Saitffadton to the Miniftry. ^
I fhall alfo lay before you a Letter I have very lately received from the Earl of Halifax,
Ofte of his Majefty's principal Secretaries of State, relative to the Eftablifhment of Ferries,
and other Articles for the Convenience of the Poft which is defigned to be carried on with
great Kcgidarity through the vaft Continent of North America ; which by our late glorious
Succeffes, is now become Part of his Majefty's Dominions. The Ufefulnefs of a regular
Poft to a co}mnercial People is fo great, and fo well known, that I flatter my f elf the bare
mentioning it, and the laying the Letter before you, will be fufficient, withotU my faying
more on the Subjedt, to induce you to enter heartily into that Meafure.
I have received feven Ads of Parliament paffed in the laft Seffion, in which all his
Majefty's Colonies are concerned; which I have depofited in the Council Office, as the moft
proper Place to be ready at Hand for your Infpedion, at all Times when you fhjill have
Occafion to look into them.
TheDifturbances which the Incurfions of the Indians have occafloned in our back
Settlements, during the Courfe of the laft Summer, have made it unfafe for me wholly to
difband the Militia; but by the Confent, and Advice of his Majefty's Council, I have
repeatedly reduced them as low as the Security of the Inhabitants of the Frontiers would permit. ^
But ftill I fear the Expenfes will be found great; though the Bounty of the Britifh Parlia-
ment Ims enabled you to difcharge a large Part of it, and thereby reduced the Levies to be
laid on tlie People, to defray thefe unhappy, though neceffary Expenfes. But,
M'' Speaker, and Gentlemen of the Houfe of Burgeffes.
There will ftill remain a Part to be raifed on the Inhabitants which it is your Duty to
provide for, in the doing which Ihave no Reafon to doubt of your Tenderyiefs to the People;
whofe Duty it is, on their Part, to fubmit with Cheerfulnefs to Expenfes originally under-
taken for their own Defence.
Gentlemen of the Council and of the Houfe of Burgeffes,
My Regard for the Welfare of this Colony is, I hope,' too well known at this Day to
admit of a Doubt: All I afk in Return is that you fhould all of you colledively, and every
erne particularly, engage earneftly in the Work before you; and with ferious Attention, cool
Deliberation, zealous Affedion to his Majefty, and a falutary Unanimity, go through the
important Points recommended to you, and all other Matters which fhall occaflonally offer
them f elves for your Determination.
Refolved, That an humble Addrefs be made to his Honour the Govemour, to return e
him the Thanks of this Houfe for his kind and affedlionate Speech, at the Opening of
this Seffion, and to affure him we are affembled with a full Refolution to encounter any
Fatigue that may be neceffary in the Difcharge of our Duty to his Majefty, and efiedling
all imaginable Juftice to the Commtmity.
Ordered, That a Committee be appointed to draw up an Addrefs to the Govemour,
purfuant to the faid Refolution; and it is referred to M"" Landon Carter and M"" Attorney,
to prepare and bring the fame.
Refolved, That this Houfe will take the Govemour's Speech into Confideration on
Thurfday next.
M"" Speaker reported that the Govemour had delivered to him the feveral Letters
mentioned in his Speech, which he had defired him to lay before the Houfe.
And the faid Letters were read, and ordered to Ue on the Table.
Two Members returned upon new Writs, having taken the Oaths appointed by Adl
of Parliament to be taken inf tead of the Oaths of Allegiance and Supremacy, and taken
and fubfcribed the Oath of Abjuration, and alfo fubfcribed the Teft, were admitted to j
their Places in the Hovife.
Ordered, That an Addrefs be made to the Govemour to order a new Writ to iffue
for eledting a Burgefs to ferve in this prefent General Affembly for Cumberland, in the
Room
10
[ 229 ]
Room of M'' Carrington, who hath accepted of the Office of Sheriff; and that M'' Cary do
wait on his Honour with the faid Addrefs.
Ordered, That an Addrefs be made to the Governoiir, to order a new Writ to iffue
for eledting a Burgefs to ferve in this prefent Affembly for the County of Albemarle, in
the Room of M"' Fry, who fince his Election hath accepted of the Office of Coroner ; and
that M'' Walker do wait on his Honour with the faid Addrefs.
Ordered, That an Addrefs be made to the Govemour, to order a new Writ to iffue
for eledting a Burgefs to ferve in this prefent General Affembly for the County of King
George, in the Room of M'' Charles Carter, deceafed ; and that M"" Cary do wait on his
Honour with the faid Addrefs.
Ordered, That an Addrefs be made to the Govemour, to order a new Writ to iffue
for eledting a Burgefs to ferve in this prefent General Affembly for the County of Mtddle-
fex, in the Room of M'' Ralph Wormeley, who fince his Eledtion hath accepted a Place
of Profit ; and that M'' John Smith do wait on his Honour with the faid Addrefs.
Ordered, That an Addrefs be made to the Govemour to order a new Writ to iffue
for eledting a Burgefs to ferve in this prefent General Affembly for the County of Halifax,
in the Room of M'' Wade, deceafed ; and that M'" Bland do wait on his Honour with the
faid Addrefs.
Ordered, That the Reverend M'' Price be appointed Chaplain to this Houfe, and that
he attend to read Prayers every Morning at lo "'Clock.
Ordered, That the feveral Door Keepers be continued in their refpedtive Offices,
and that they give their Attendance accordingly.
And then the Houfe adjourned until To-morrow Morning ii "'Clock.
Wa^niisba^. t^e 3Ut of October, 5 <5eo. UU 1764.
A Member returned on a new Writ, having taken the Oaths appointed by Adt of
Parliament to be taken inftead of the Oaths of Allegiance and Supremacy, and
taken and fubfcribed the Oath of Abjuration, and alfo fubfcribed the Teft,
was admitted to his Place in the Houfe.
M'' Landon Carter reported that the Committee appointed had, according to Order,
prepared an Addrefs to the Govemour; which he read in his place, and then delivered
in at the Table, where it was again twice read, and agreed to by the Houfe, and is as
follows :
Sir,
Permit us to make our grateful Acknowledgments to your Honour for your kind
and affedionate Speech, at the Opening of this Seffion. And that we may never be thought
wanting in a proper filial Refped to our moft gracious Sovereign (a Thing too Sacred to be
omitted) we beg Leave to affure your Honour that we fhall not, upon any Occafion whatever,
think any Endeavour {neceffary to demonftrate fuch our Duty to his Majefty) can be at-
tended with a Fatigue which we will not with great Cheerfulnefs encounter.
We perfuade ourfelves that we have fo well convinced Mankind of our ftrid Attention
to facial Juftice, as at this Day to be fufficiently fecured from every the leaft Doubt of our
being governed by Motives truly upright in our Condud; and we flatter ourfelves that, with
every unprejudiced Member of the Community, not only our paft but our future Tranfadions
will appear in the fame amiable Light, when impartially and judicioufly confidered. With
fuch falutary Ends conftantly in our View, we hope we fhall always be excufed when we
decline any Meafure {however propofed) that we do not think produdive of them. We are
fo well fatiffied of your great Regard for the Welfare of this Colony, that we beg your Honour
will reft affured that every Engagement that you have entered into on our Part fhall be
attended to with that cool Deliberation, and Defpatch, which you have recommended.
Ordered, That the faid Addrefs be fairly tranfcribed, and prefented by the whole
Hoixfe.
Ordered
[ 230 ]
Ordered, That the Committee who prepared the fame do wait on the Govemovir,
to know his Pleafure when this Houfe fhall attend his Honour to prefent it.
Ordered, That a Committee of Privileges and Eledtions be appointed, of the follow-
ing Perfons :
M' Attorney,
My John Baylor,
M' London Carter,
M' Bernard Moore,
M^ William Digges,
W George Wythe,
M"" Benjamin Harrifon,
W Dudley Digges,
M'' Mann Page,
W Bland,
M"" John Page,
M"' Thomas Liidwell Lee,
W Richard Henry Lee,
M'' Lewis Burwell,
M'' Edmund Pendleton,
M"' Thomas Whiting,
M'' Lemuel Riddick,
M'' George John (ton,
M"^ John Woodbridge.
And they are to meet and adjourn from Day to Day, and to examine, in the firft n
Place, all Returns of Writs for electing Burgeffes to ferve in this prefent General Affembly,
and to compare the fame with the Form prefcribed by Law ; and to take imto their
Confideration all fuch Matters as fhall or may come in Queftion touching Returns,
EleClions, and Privileges, and to report their Proceedings, with their Opinions thereupon,
from Time to Time, to the Houfe. And the faid Committee is to have Power to fend
for Perfons, Papers and Records, for their Information.
Ordered, That a Committee of Propofitions and Grievances be appointed of the
following Perfons :
M'' Attorney-General.
M^ Bland,
W Mofeley,
M"' London Carter,
My Lemuel Riddick,
M' John Baylor,
M"' Robert Boiling,
M' Moore,
M"' Francis Lee,
M"' Gary,
M"" Lewis,
M^ Edmund Pendleton,
M'' Philip Johnfon,
M'' William Digges,
M^ George Johnfton,
M'' Benjamin Harrifon,
M'' John Smith,
W Wythe,
M-- Baffett,
M"" Burwell,
M^ Thomas Walker,
M"" Charles Carter, K. George, ■
M^ Grymes,
M'' Thomas Ludwell Lee,
M' Wilfon,
M"" Richard Henry Lee,
M"' James Taylor,
M'' Dudley Digges,
M'' Kennon,
W Mann Page,
M' Walke,
M' John Page,
M^ Harwood,
W N elf on,
M"" Braxton,
M'' Wafhington,
M- Tabb,
W Whiting,
M^ Charles Carter, Corotoman,
W Eppes,
M^ Woodbridge,
M.' Syme,
M^ Bowler Cocke.
12
And they are to meet and adjourn from Day to Day, and to take into their Confid-
eration all Propofitions and Grievances that fhall come legally certified to this Affembly,
and to report their Proceedings, with their Opinions thereupon, from Time to Time, to
the Houfe : And all fuch Propofitions and Grievances are to be delivered to the Clerk
of the Hovife, and by him to the faid Committee, of Courfe. And the faid Committee
is to have Power to fend for Perfons, Papers, and Records, for their Information.
Ordered
' King George County.
13
15
[ 231 ]
Ordered, That a Committee of Publick Claims be appointed, of the following Perfons :
M"" Archibald Cary,
M'- Walke, M"- Bradley,
W Ball, M" Upfhaw,
M"' Richard Lee, M"" Harmanfon,
W Wilfon, W Mafon,
Mj Thornton, My Simmonds,
M'' Hartwell Cocke, M'' Littlepage,
M'' Travis, M'' Harwood,
M"" Chriftian, M"" Parramore,
W Weft, M-- Rutherford,
W Willis Riddick, W Hamilton,
W John Lee, M"" Payne,
W Adams, 'W Terry,
W Hull, M^ Read.
And they are to meet and adjourn from Day to Day, and to take into their Conlid-
eration all publick Claims referred from the laft to this Seffion of Affembly, and aKo
all fuch Claims as fhall be regularly certified and prefented to this Seffion ; and to report
their Proceedings, with their Opinions thereon, to the Hoiife, when they have gone
through the faid Claims. And they are to have Power to fend for Perfons, Papers, and
Records, for their Information.
Ordered, That a Committee for Courts of Juf tice be appointed, of the following Perfons :
M'' Edmund Pendleton,
M.^ Landon Carter, W Wilham Cabell,
M'' Wythe, M' Barber,
W Jofeph Cabell, My Mercer,
M"" Le Grand, M'' Bailey,
M^ Thomas Harrifon, M"' Read,
M"" James Taylor, M"" Drew,
M'' John Pendleton, M^ Edmunds,
M^ Dalby, M^ Jofiah Payne,
M'" Thomas, M"" Talbot.
And they are to meet and adjourn from Day to Day, and to take into their Confid-
eration all Matters relating to Courts of Juf tice, and fuch other Matters as fhall from
Time to Time be referred to them, and report their Proceedings, with their. Opinions
thereon, to the Houfe. And the faid Committee are to infpedt the Journals of the $^^
and 6^^ Seffions of this prefent General Affembly, and draw up a State of the Matters
then depending and undetermined, and the Progrefs that was made therein, and report
the fame to the Houfe : That they do aKo examine what Laws have expired fince the
laft Seffion, and infpedt fuch temporary Laws as will expire with the End of this Seffion,
or are near expiring ; and report the fame to the Houfe, with their Opinions which of
them are fit to be revived and continued.
Ordered, That a Committee of Trade be appointed of the following Perfons :
M'' Benjamin Harrifon,
M' Mofeley, M"' Blagrave,
M'' Walke, M"' Bradley,
M"' Whiting, M' Lewis,
M"" Chriftian, M"" Terry,
M"" Upfhaw, M^ Richard Henry Lee,
M" Lemuel Riddick, M^ Wythe,
M'' John Smith, M"' Veal,
M' Adams, M' Simp f on,
M^ Marfhall.
And
[ 232 ]
And they are to meet and adjourn from Day to Day, and to take into their Confid-
eration all Things relating to the Trade of this Colony, and all Matters that fhall be
from Time to Time to them referred ; and to report their Proceedings, with their Opinions
thereon, to the Houfe. And the faid Committee are to have Power to fend for Perfons,
Papers, and Records, for their Information.
Ordered, That M^ George Davenport be continued Clerk to the Committees of Privi-
leges and Eledlions, and Propofitions and Grievances; M"" Miles Gary, Clerk to the
Committee of Claims : M"" Thomas Everard, Clerk to the Committee for Courts of Juftice ;
and M-- Hind Ruffe!!, to the Committee of Trade; and that they give their Attendance
accordingly.
A Petition of Jacob Bains, fetting forth that being a Soldier in Captain Ing!es's
Company at GhifwelVs Mines, in January laft, was unfortunately left in the Deferts of
the Motmtains, and through the Inclemency of the Weather got froftbitten, by which is
Means he hath loft the Ufe of his Feet and rendered incapable of getting his Livelihood ;
and praying the Confideration of the Houle therein, was prefented to the Hoxife and
read.
Ordered, That the faid Petition be referred to the Committee of Claims ; that they
examine into the Allegations thereof, and report the fame, with their Opinion thereon,
to the Houfe.
Sundr>' Glaims from the Counties of Richmond, Prince George, Weftmor eland, Lunen-
burg, and SoutJiampton, for taking up feveral Runaways therein mentioned, and for
fundry publick Ser\'ices therein alfo mentioned, were feverally prefented to the Houfe,
and referred to the Confideration of the Committee of Claims.
A Petition of M"" Nathaniel Weft Dandridge, complaining of an tmdue Eledlion and
Return of M'' James Liitlepage to ferve as a Burgefs in this prefent General Affembly
for the Coimty of Hanover, was prefented to the Houfe and read.
Ordered, That the faid Petition be referred to the Committee of Privileges and Elec-
tions; that they examine into the Allegations thereof, and report the fame, with their
Opinion thereon, to the Houfe.
An Account of John Hickman, for Ferriages of Runaways, &c., was prefented to
the Houfe and received, and referred to the Committee of Claims.
And then the Houfe adjourned until To-morrow Morning ii "'Clock.
17
Z5l)urs6aY. tl)e Ist of 5lovember, 5 <5<to. III. 1764.
MR Bland, from the Committee of Privileges and Eledlions, reported that the
Committee had had under their Confideration the Returns of feveral Writs
for electing Burgeffes to ferv^e in this prefent General Affembly for the Coimties
of Hanover, I fie of Wight, and Lunenburg, and had agreed on a Report, and
come to two Refolutions thereon ; which he read in his Place, and then delivered in at
the Table, where they were again twice read, and agreed to by the Houfe, as follow:
Refolved, That the Returns of the Writs for ele(5ling Burgeffes for the Counties of
Hanover and I fie of Wight are made in the Form prefcribed by Law.
Refolved, That the Return of the Writ for eledling a Burgefs for the County of
Lunenburg is not made in the Form prefcribed by Law.
Ordered, That the Return of the Writ mentioned in the laft Refolution be amended
by the Clerk at the Table.
Sundry Claims of John Ford, John Hickman, John Durham, Benjamin Wheeler,
John Mullins, Sen. Benjamin Thomas, Matthew Moore, and Daniel Hawmach, of the
County of Albemarle, for taking up feveral Rimaways therein mentioned, were feverally
prefented to the Houfe and read.
Ordered, That the faid Claims be referred to the Confideration of the Committee of
Claims.
A Petition of John Carlyle, praying to be reimburfed a Judgment for ;^ 35, and Coft
of Suit, obtained againft him in the General Court by William Cocks, in Confequence
of a Commiffion received from the late Honourable Robert Dinwiddie, Efq ; appointing
him
18
[ 233 ]
him Commiffan^ of Provifions, &c. for an Expedition, in the Year 1754, intended to the
Ohio, was prefented to the Hoiofe and read; and the Queftion being put that the faid
Petition be referred to a Committee,
It paffed in the Negative.
Refolved, That the faid Petition be rejecfted.
A Petition of John Afhworth, for Waggonage, was prefented to the Houfe and read.
Ordered, That the faid Petition be referred to the Committee of Claims ; that they
examine into the Allegations thereof and report the fame, with their Opinion thereon, to
the Houfe.
A Petition of ftmdry Inhabitants of the Coimty of Lunenburg, praying that the fame
19 may be divided into three dif tindt Covmties, and that an Adl may be paffed for that Piorpof e .
Alfo a Petition of fundry Inhabitants of the County of Fauquier, praying that the
Court Day of the faid County may be altered to the 4* Monday in every Month, and
that an AcTt may be paffed for that Purpofe; were feverally prefented to the Houfe
and read.
Ordered, That the faid Petitions be referred to the Committee of Propofitions and
Grievances; that they examine the Allegations thereof refpedtively, and report their
Opinion thereon to the Houfe.
A Petitimi of fundry Inhabitants of the Parifh of Truro, in the County of Fairfax,
praying that the faid Parifh may be divided into two diftindt Parifhes, was prefented
to the Houfe and read.
Ordered, That a Bill be brought in agreeable to the Prayer of the faid Petition, and
it is referred to M'' George Johitfton and M'' Weft to prepare and bring in the fame.
M"" Speaker laid before the Hotife a Letter which he received in July laft from the
Committee appointed by the Honourable Houfe of Reprefentatives of the Maffachu-
fetts Bay, relative to the late Adl of Parliament concerning the Sugar Trade with the
20 foreign Colonies, &c. and the faid Letter was read, and ordered to lie on the Table.
The Order of the Day being read for the Houfe to take into Confideration the Gov-
emour's Speech,
Refolved, That this Houfe will refolve itfelf into a Committee on the faid Speech
Tomorrow.
M'' Landon Carter reported that the Committee had, according to Order, waited on
the Govemour to know his Pleafure when this Houfe fhould attend him with their
Addrefs; and that he was pleafed to appoint Tomorrow, and to fay he would lignify
by a Meffage to the Houfe when he was ready to receive it.
A Petition of fiindry Inhabitants of the County of Cidpeper, praying that the Coxrrt
Day of the faid Covmty may be altered, and that an Adl may be paffed for that Purpofe.
Three Petitions of fimdry Freeholders and Inhabitants of the Parifhes of Bromfield
and St. Mark's, in the County of Culpeper, praying that the faid Parifhes may be divided.
Alfo a Petition of the Minifter, Veftry, and divers Freeholders and Inhabitants of
the faid Parifhes, in Oppofition thereto, were feverally prefented to the Hoiife and read.
Ordered, That the faid Petitions be referred to] the Committee of Propofitions and
Grievances; that they examine into the Allegations thereof, and report the fame with
their Opinion thereon, to the Houfe.
And then the Houfe adjourned until To-morrow Morning 11 "'Clock.
Jf^ri6a^. t^e 2n6 of tl^ovember, 5 <&eo. Ill 1764,
A Claim of George Bray, for taking up a Runaway therein mentioned, was prefented
to the Houfe, and received, and referred to the Confideration of the Committee
of Claims.
On a Motion made.
Ordered, That the Treafurer be diredled to agree with Workmen to eredl a Gallery
acrofs this Houfe.
A Petition of fundry Merchants, in Behalf of themfelves and the Reft of the Mer-
chants and Fadlors, and their Conftituents, trading in and to this Colony, felting forth
that
[ 234 ]
that they are under the greateft Difficulties in recovering their juit Debts, when after a
long Credit they are under a Neceffity of bringing Suits for that Purpofe, the County
Courts through the Colony being for the moft Part fo very dilatory, that, until of late
Years, a Judgment might have been obtained in the General Court much fooner than in
moft of the County Courts, but, through the great Increafe of Bufmefs in that Court for 22
fome Years paft, and particularly through the great Abufe that has of late obtained in
fetting afide Office Judgments, by fraudulently and falfely pleading Payment in Adions
of Debt brought on protefted Bills of Exchange, and Specialties, the Judgments, which
ought in thofe Cafes to be final, are generally ftopped for two Years, and often longer,
by which Time it has often happened that both the Debtors and his Bail have removed,
or become infolvent.
That after obtaining Judgments and Executions, as well as in other Procefs, the
Sheriffs frequently fail to return the Writs, and afterwards falfe Returns thereon ; and
the Recovery of the Penalties for fuch Defaults, as the Law now ftands, is now fo trouble-
fome and hazardous that few Perfons have ever attempted it.
That Sheriffs frequently take Bonds from Prifoners in Execution for keeping within
the Prifon Bovinds, and upon fuch Prifoners efcaping it has been adjudged that the Cred-
itor was bound to take an Affignment of fuch Bond, and that the Sheriff was not anfwer-
able iintil upon a Suit to be brought on fuch Bond it appeared the Security proved
infufficient, when upon a third Suit brought againft the Sheriff he would be anfwerable 2s
for the Deficiency ; and as in every of thofe Suits a new Efcape may happen, the Creditor,
notwithftanding the Cofts of any Number of Suits or Motions againft the Sheriffs, which
he may be put to, may never be nearer the Recovery of his Debt than he was at the
Commencement of his original Suit.
That the Law, allowing the Coimty Courts to lay off Prifon Botmds for the Prefer-
vation of the Prifoners Health, has of late been greatly abufed and per\^erted, it now
being frequent for Prifoners in Execution to purchafe Houfes within the Prifon Boiuids,
and therein to keep Ordinaries, or follow their other Bufmefs, and fet their Creditors at
open Defiance ; while others, after lying in Prifon until they have fpent their Eftates,
which would have fatiffied their Creditors, infift on their being releafed unlefs Security
is given by fuch Creditors whom they have fo defrauded for their Prifon Fees.
That they humbly conceive their faid Complaints might in a great Meafure be
redreffed, by obliging the Jiiftices of each Coimty Court to execute their Office and Duty,
for which they ought to be allowed, or by Affize Courts, or fuch other Method as this
Houfe fhall think moft effedlual for the greateft Defpatch of Bufmefs ; and that no Plea 24
of Payment fhould be admitted but upon Oath, particularly mentioning the Sirni paid.
That a Docket of all Executions iffued fmce the preceding Court fhould be called over
every Court when the Sheriffs fhould attend and return them, and dif charge fuch of
them as have been ferved ; or Judgment fhould paf s againft him and his Securities for
the fame; or he fhould be muldled for any Default, at the Court's Difcretion. And
laftly, by declaring the Law concerning Efcapes, and the Prifon Bounds, in fuch Manner
as would avoid Diverfity of Opinions concerning the fame.
And further reprefented that the feveral Pilots, efpecially in Rappahannock River,
in Order to extort imreafonable Fees, which the Ships arriving there are obliged to pay
them, refufe or negledl to take our Branches; and as the Penalty they hereby incur is
only to be recovered by Adlion of Debt, in which they infift fpecial Bail is not to be given,
a Judgment is fcarce to be recovered while the Witneffes, who are to prove the Fadls,
£tay in the Country ; and when had, may prove of no Value. And that a more eafy and
expeditious Method of Recovery would effeftually oblige all Pilots to fubmit to the Law
now in Force, fo effentially neceffary to the Safety of Shipping.
And they likewife reprefented that the Tobacco Law would be found much better ^*
to promote that Staple Commodity if the Number of Warehoufes was leffened, the
Infpedlors Salaries and the Warehoufe Rents increafed, the Proprietors obliged to build
fufficient Warehotifes to receive all Tobacco brought to them, the Infpedlors exempted
from bearing or accepting any other Office civil or military, if no Tobacco weighing lefs
than
[ 235 ]
than 950 fbs. neat was to be entered as Crop, and if all Tobacco refufed was obliged to be
picked by the Owners, or fwom Pickers, within a reafonable limited Time, or burnt at
the Expiration thereof.
And laftly, if they were allowed, for fecuring their Debts, to take Bonds, with War-
rant of Attorney, to confefs Judgment thereon, which is the common Security in Eng-
land, Ireland, and the Englifh Dominions in America (this Colony only excepted) they
humbly conceive nothing could £0 efTedlually contribute to retrieve the Credit which, in
the prefent Circumftances of the Colony, they can neither give in their own Behalf or in
that of their Conftituents, without fome fuch Security. And praying the Confideration
of the Houfe in the Premifes, was prefented to the Houfe and read.
^ Ordered, That the faid Petition be referred to the Confideration of the Committee of
Propofitions and Grievances ; that they examine into the Allegations thereof, and report
the fame, with their Opinion thereon, to the Houfe.
A Report of the Commiffioners appointed by Adt of Affembly to examine, ftate, and
fettle, the Accounts of the Pay, Provifions, Arms, and Neceffaries, for the Militia of the
Counties of Hampfhire, Frederick, Cidpeper, Prince William, Loudoun and Fauquier, was
prefented to the Houfe and received.
Ordered, That the faid Report be referred to the Confideration of the Committee of
Claims; that they examine into the Allegations thereof, and report the fame, with their
Opinion thereon, to the Houfe.
Isl" Bland, from the Committee of Privileges and Eledlions, reported that the Com-
mittee had had under their Confideration the Petition of Nathaniel Weft Dandridge, to
them referred, complaining of an undue Eledtion and Return of M"" James Littlepage to
fen-e as a Burgefs in this prefent General Affembly for the County of Hanover, and had
come to the following Refolution thereon ; which he read in his Place, and then delivered
in at the Table, where it was again twice read, and agreed to by the Houfe.
Refolved, That the Petitioner do, at leaft ten Days before Friday the 23*^ of this
27 Inftant, which is appointed for examining Witneffes before this Committee as to the
Subjedl Matter of the faid Petition, give Notice to the fitting Member of any illegal
treating of the Freeholders of the faid County before the faid Eledlion, either by the
fitting Member, or by any other Perfon in his Behalf; which the Petitioner fhall then
offer in Evidence to the faid Committee.
M"" Attorney, from the Committee of Propofitions and Grievances, reported that the
Committee had had under their Confideration a Petition of fimdry Inhabitants of the
County of Lunenburg, praying that the three Parifhes of Cornwall, St. James's, and
Cumberland, in the faid Cotmty, may be eredted into three diftindl Coimties, and had
come to the following Refolution thereon ; which he read in his Place, and then delivered
in at the Table where the fame was again twice read, and agreed to by the Houfe, as
follows :
Refolved, That the faid Petition is reafonable.
Ordered, That it be an Inftni(5tion to the faid Committee to prepare and bring in a
Bill piu-fuant to the faid Refolution.
A Meffage from the Govemoiu- was delivered by M'' Walthoe.
28 M'' Speaker,
I am commanded by the Governour to acquaint this Houfe that his Honour is novo ready
to receive their Addrefs in the Council Chamber.
M' Speaker, with the Houfe, went up accordingly ; and being returned, reported that
he had, with the Hoiofe, attended the Governour in the Council Chamber, and prefented
the Addrefs of this Houfe to him. To which he was pleafed to anfwer:
M"" Speaker, and Gentlemen of the Houfe of Burgeffes,
I Return you my fincere Thanks for the filial Refped and Duty to his Majefty, and
Affedion to me, which you exprefs in this Addrefs.
The
[ 236 ]
The moft convincing Proofs you can give of tfiat Refped and Duty will be to engage in
Meafures recommended to you by his Majefty's Minifters through me, and will be the moft
acceptable Marks you can give me of your Affedion, at the fame Time that it will beft con-
tribute to the Peace a^ui Happinefs of the Colony.
A Petition of George Darr, a woiinded and difabled Soldier, in the Service of this
Colony, praying fuch Relief as this Houfe fhall think reafonable, was prefented to the
Houfe and read.
Ordered, That the faid Petition be referred to the Confideration of the Committee of »
Claims ; that they examine into the Allegations thereof and report the fame, with their
Opinion thereon, to the Hotife.
The Order of the Day being read for the Houfe to take into Confideration the Gov-
emour's Speech,
Refolved, That this Houfe will refolve itfelf into a Committee on the faid Speech on
Monday next.
A Petition of fundry Freeholders and Inhabitants of the County of Amelia, praying
that the Tobacco Law may be amended, and that the Quality of Tobacco at the feveral
Infpedlions may be afcertained by the Infpedlors and inferted in their Notes, was pre-
fented to the Houfe and read.
Ordered, That the faid Petition be referred to the Confideration of the Committee of
Propofitions and Grievances ; that they examine into the Allegations thereof, and report
the fame with their Opinion thereon, to the Houfe.
And then the Houfe adjourned until To-morrow Morning ii "'Clock.
30
Saturday* tl)<t 3r6 of 5lovember, 5 (Beo. Ill 1764.
A Petition of Thomas Booth, fetting forth that in the Year 1760 he received Orders
and recruiting Inftru(5tions to enlift Men for the Expedition intended againft
the Cherokee Indians, and did enlift 15 Men, 3 of whom were refufed by the
Officer, as being too fmall, although able bodied, and fuch as he was inftru(5led
to enlift, and did advance to 6 of the faid Men the Bounty of ;£io each, befides
the Expenfes of recruiting and their Sub fif fence, for which he hath received no Sa tiff ac-
tion ■ and praying the Direction of the Houfe therein, was prefented to the Houfe and
read.
Ordered, That the faid Petition be referred to the Confideration of the Committee of
Claims ; that they examine into the Allegations thereof, and report the fame, with their
Opinion thereon, to the Houfe.
M' George Johnfton prefented to the Houfe, according to Order, a Bill For Dividing
the Parifh of Truro, in the Cotmty of Fairfax; and the fame was read the firft Time, and
ordered to be read a fecond Time.
A Petition of Robert Brackenridge, fetting forth that he commanded a Committee of
Militia of Augufta Coimty, which were ftationed at Fort George for Part of the Month of
December, all January, and to the 22'' Day of February, 1759; that fome Time after-
wards he returned a Pay Roll for the faid Company for each Month, to be fettled at
William f burg, and has fmce received by the Hands of M'' Chriftian Pay for the Months
of December and February, but none for January, by Reafon of the Pay Roll being 31
miflaid ; that he has been fued by one of the private Men of the Company, and expedls
Suits will be commenced againft him by all on that Account; and praying that an
Inquiry may be made in the Premifes, and that he may be granted fuch Relief as fhall be
thought reafonable.
Alfo a. Petition of Thomas Drake, praying to be allowed for 3 Servants who enlifted
into the Virginia Regiment in the Year 1759, of whom he has never fmce heard, and for
whom he has received no further Satiffadlion than £$ given him by one of the faid
Servants, being fo much of the Bounty allowed him on enlifting; and praying to be
allowed
[ 237 ]
allowed for his faid Ser\-ants Time, as fhall be adjudged reafonable; were feverally
pref anted to the Hoiife and read.
Ordered, That the faid Petitions be referred to the Ccnfideration of the Committee
of Claims ; that they examine into the Allegations thereof, and report the fame, with their
Opinion thereon, to the Houfe.
Several Accounts of William Carven, for Horfe Hire, and Provifions furnifhed for
the Amelia Militia, and firndry other Services performed by him for the Sen^ice of this
Colony.
32 Alfo a Claim of William Price, of Culpeper, for a Gun, a Powder Horn, Shot Bag,
Powder, and Lead, to the Value of 325. 6d. which were taken from him by the Command-
ing Officer of Culpeper, for the Ufe of the Militia of the faid Coimty, and for which he
hath received no Satiffadlion ; were feverally prefented to the Houfe and received.
Ordered, That the faid Accotmts and Claims be referred to the Confideration of the
Committee of Claims; that they examine into the Allegations thereof, and report the
fame, with their Opinion thereon, to the Hovife.
On a Motion made.
Ordered, That Leave be given to bring in a Bill To prevent Perfons driving diftem-
pered Cattle from North Carolina, and other Places, into this Colony ; and it is referred
to M"" Cary, and M"" Adams, to prepare and bring in the fame.
Simdrv^ Claims of William Simmonds, William Sharpe, Samuel Price, and John Rich-
ardfon, for taking up Runaways therein mentioned, were feverally prefented to the Houfe
and received, and referred to the Confideration of the Committee of Claims.
And then the Houfe adjourned until Monday Morning 11 "'Clock.
33
Zi
yCionba2. tl)e 5tl) of 5lovember, 5 (5eo. Ill 1764,
A Petition of Levin Rodger s, and fundry Inhabitants of the Covmty of Accomack,
praying that a Ferrj' may be eftablifhed at the Town of Onancock, in the faid
County, acrofs the Bay to York, Hampton, and Norfolk, and the adjacent
Places, and that an Adt may pafs for that Purpofe.
Alfo a Petition of John Wife, Jim. and ftmdry Inhabitants of the faid Coimty, to the
fame Effedt.
Alfo a Petitiofi of Littleton and Severn Eyre, in Oppofition thereto.
Alfo a Petiticm of George Wilfon Spooner, praying that a Ferry may be eftablifhed
from his Landing over Potowmack River, to Cedar Point, on the oppofite Shore, in the
Province of Maryland, were feverally prefented to the Houfe and read.
Ordered, That the faid Petitions be referred to the Confideration of the Committee
of Propofitions and Grievances; that they examine into the Allegations thereof, and
report the fame, with their Opinions thereon, to the Houfe.
A Petition of Richard Bland, and William Fleming, furviving Executors of James
Deans, deceafed, fetting forth that a Negro Woman Slave named Abbe, belonging to the
faid Dean's Eftate, being committed to the Gaol of Prince George Cotmty on Sufpicion of
poifoning Doctor James Tyrie, fince deceafed, before the Time appointed for the Trial,
jQae being confcious of her Guilt, hanged herfelf in the faid Gaol ; and praying to be paid
the Value of the faid Slave by the Publick, was prefented to the Houfe and read.
Ordered, That the faid Petition be referred to the Confideration of the Committee of
Claims, that they examine into the Allegations thereof, and report the fame with their
Opinion thereon, to the Houfe.
M"" Cary, from the Committee of Claims, reported that the faid Committee had had
under their Confideration the Petition of Jacob Boius and George Darr, to them referred,
and had come to the following Refolutions thereon ; which he read in his Place, and then
delivered in at the Table, where they were again twice read, and agreed to by the Houfe.
Refoived
[ ^38 ]
Refolved, That the Allegations of the faid Jacob Boius's Petition are true ; and that
he ought to be allowed the Sum of ;£2 5 as a Confideration for the Hardfhips he fuffered
in the Service of the Colony, and the further Sum of £$ per Annum during his Life.
Refolved, That the Allegations of the faid George Darr's Petition are true; and that
he ought to be allowed the Stmi of ;^5 per Annum during his Life, as a Confideration for
the Wound he received in the Service of this Colony.
Ordered, That it be an Inftrudlion to the faid Committee to make the faid Allow-
ances in the Book of Claims, purfuant to the faid Refolutions.
A Bill For dividing the Parifh of Truro, in the County of Fairfax, was read a fecond
Time.
Ordered, That the faid Bill be engroffed, and read a third Time.
The Order of the Day being read for the Hoiife to take into Confideration the Gov-
emour's Speech.
Refolved, That this Houfe will refolve itfelf into a Committee on the faid Speech
Tomorrow.
And then the Houfe adjourned until To-morrow Morning ii "'Clock.
35
^ue56aY» t^e 6tl) of 5lov(tmber, 5 (bao. III. 1764.
MR Cary, from the Committee of Claims, reported that the Committee had had
imder their Confideration the Petition of Thomas Drake and Robert Braken-
ridge to them referred, and had come to the following Refolutions there-
on ; which he read in his Place, and then delivered in at the Table, where they
were again twice read, and agreed to by the Houfe.
Refolved, That the Petition of the faid Thomas Drake be rejedled, being no pub lick 36
Claim.
Refolved, That the Allegations of the Petition of the faid Robert Brackenridge are
true, and that he be allowed the Sum of £46. 2. 10 for the Pay of himfelf and Company
according to a Mufter Roll, certified by Commiffioners, which appears to have been
miflaid, and for which no Satiffa(5lion hath been received.
A Petition of the Truftees, Freeholders, and Inhabitants of the Town of Alexandria,
praying the Repeal of a certain Claufe in the late Adl of Affembly For adding to and
enlarging the Town of Alexandria, the fame being found impra(5licable and expenfive,
and that they may be put on the fame Footing with the Proprietors of the additional
Lots in the neighbouring Town of Dumfries was prefented to the Houfe and read.
Ordered, That the faid Petition be referred to the Confideration of the Committee of
Propofitions and Grievances; that they examine into the Allegations, thereof, and
report the fame, with their Opinions thereon, to the Houfe.
A Petition of Alexander Waugh, letting forth that in the Year 1759 he received
recruiting Inftrudlions from his Honour the Govemour, and did recruit 66 Men, which
were all received ; but upon fettling his Accounts with the Commiffioners in William f-
burg was allowed by them only 155. a Man for recruiting, and Sd. a Day for their Subfif-
tence, whereas other Officers of the Regiment, who fettled their Accoimts with the Pay-
Mafter, were allowed 305. a Day for each Recruit, and is. a Day for Subfiftence : And
further, that one of the faid Recruits was foon after his enlifting arrefted by a Sheriff for
Debt ; and not being acquainted with the Confequences, refufed to let the Sheriff carry
him away, fmce which he hath been fued for the Debt, and obliged to pay it, with Cofts:
And praying the Confideration of the Houfe therein, was prefented to the Houfe and
read ; and the Queftion being put that the faid Petition be referred to a Committee,
It paffed in the Negative.
Refolved, That the faid Petition be rejedled.
A Petition of fundry Freeholders and Inhabitants of the Parifh of St. George, in the
County of Spotfylvania, fetting forth that by Reafon of the great Extent of the faid
Parifh
37
[ 239 ]
Parifh the fame is become inconvenient to the Inhabitants thereof; and praying the
faid Parifli may be divided, was prefented to the Hoiife and read.
Ordered, That the faid Petition be referred to the Confideration of the Committee of
Propofitions and Grievances ; that they examine into the Allegations thereof, and report
the fame, with their Opinion thereon, to the Houfe.
A Claim of Vivion Brooking, for taking up a Rimaway therein mentioned, was
prefented to the Houfe and received, and referred to the Confideration of the Committee
of Claims.
An engroffed Bill, entitled. An Ad' for dividing the Parifh of Truro, -in the County of
Fairfax, was read a third Time, and the Blanks therein filled up.
Refolved, That the faid Bill do pafs.
Ordered, That M'' George Johnfton do carry up the faid Bill to the Council for their
Concurrence.
The Order of the Day being read for the Houfe to take into Confideration the Gov-
emour's Speech.
Refolved, That this Houfe will refolve itfelf into a Committee on the faid Speech
immediately.
Ordered, That the feveral Letters and Papers laid before the Houfe by the Govern -
our's Diredlion be referred to the Confideration of the faid Committee.
And then the Houfe refolved itfelf into a Committee on the faid Speech and Letters ;
and after fome Time fpent therein, M"' Speaker refumed the Chair and M'' Attorney
reported that the Committee had had the faid Speech and Letters tmder their Confider-
ation, but not having Time to go through the fame they had diredted him to move for
Leave to fit again.
Refolved, That this Houfe will again refolve itfelf into a Committee on the faid
Speech Tomorrow.
And then the Houfe adjourned until Tomorrow Morning ii °' Clock.
^dbno^sba^. l^e 7t^ of ^lovember. 5 <5eo. Ill 1764,
A Petition of James Boyd, fetting forth that his Negro Man Bob, after being appre-
hended in the County of Hanover for a Runaway, and committed to the Cuftody
of a Conftable of the faid Coimty, made a defperate Attempt on the Life of the
faid Conftable, who in his own Defence killed the faid Slave ; and praying to be
allowed for him by the Publick.
Alfo two Petitions oi John Armftrong, and Lanty Armftrong, late Sergeants in the
Company commanded by Capt. Richard Pearis in the Cherokee Cotmtry, praying to be
allowed their Pay from the 2'^ of April 1756 to the 25*^ of June 1757, for th*" faid Service ;
were feverally prefented to the Houfe and read.
Ordered, That the faid Petitions be referred to the Confideration of the Committee of
Claims ; that they examine into the Allegation thereof, and report the fame, with their
Opinion thereon, to the Houfe.
Ordered, That M"" Fleming be added to the Committee of Propofitions and Griev-
ances, and M'' Calloway to the Committee of Claims.
A Reprefentation of George Pitt, Keeper of the Magazine in the City of Williamf-
burg, fetting forth that there is in the Magazine a large Quantity of Mufkets, which have
been examined and reported as tmfit for Ufe, and are now lying as Lumber therein,
which might be repaired without any great Expenfe. That there are alfo fundry other
Things which might be fold, and which wiU be wholly ufelefs if fuffered to continue any
longer where they are. That the Barrels in which the pubHck Powder is contained are
in very bad Order, to the great Danger of the Magazine, efpecially as the Magazine
itfelf wants repairing, and praying the Diredlion of the Houfe therein, was prefented to
the Houfe and read.
Ordered
' Hening, VIII. p. 43-
[ 240 ]
Ordered, That the faid Reprefentation be referred to the Confideration of M'' Attorney,
M' Bnrwell, W Philip Johnfon, and M-" G^rjju^s; that they examine the Magazine, and the
Stores therein belonging to the Publick, and report to the Houfe what Repairs are necef fary
to be made to the Repofitory of Arms, and what Stores it may be proper to difpofe of.
A Petition of John M'Nelly, Armorer in the late Virginia Regiment, fetting forth
that he was employed by Colonel Adam Stephen for three Months in repairing the Arms
of the faid Regiment, for which he was to have received the Sum of £15. 9. 9, but hath
not received that Sum, or any other Gratuity for the fame ; and praying the Confider-
ation of the Houfe in the Premifes, was prefented to the Houfe and read.
Ordered, That the faid Petitions be referred to the Confideration of the Committee
of CLiims ; that they examine into the Allegations thereof, and report the fame, with
their Opinion thereon, to the Houfe.
A Petition of the Veftry of the Parifh of Antrim, in the County of Halifax, praying
to be reimburfed their Charges for the Maintenance of John Ray, a Soldier in Capt.
Blaggs Company, who was taken fick on his March, and left a Charge to the faid Parifh,
was prefented to the Houfe and read ; and the Quef tion being put that the faid Petition
be referred to a Committee,
It paffed in the Negative.
Refolved, That the faid Petition be rejedled.
Ordered, That the Committee appointed to con-efpond with the Agent of this Colony
in Great Britain, purfuant to an Adl of Affembly For appointing an Agent, do lay the
Agent's Letters received fince the Meeting of the laft Seffion of Affembly, and their
Anfwers thereto, before the Houfe.
M'' Attorney, from the Committee of Propofitions and Grievances, prefented to the
Houfe, according to Order, a Bill For dividing the County of Lunenburg into three
diftindl Counties, and the faid Bill was read the firft Time, and ordered to be read a
fecond Time.
A Petition of the Infpedlors of Pungoteague and Naffwaddox Warehoufes, in the
Counties of Accomack and Northampton, fetting forth that the Quantity of Tobacco
brought to the faid Warehoufes is of late greatly increafed ; and their Trouble of Courfe
augmented; and praying that their Salaries may be enlarged, was prefented to the
Houfe and read.
Ordered, That the faid Petition be refen-ed to the Confideration of the Committee
of Propofitions and Grievances; that they examine into the Allegations thereof, and
report the fame, with their Opinion thereon, to the Houfe.
M'' Attorney, from the Committee of Correfpondence, according to Order, laid before
the Houfe the Agent's Letters, together with their Anfwers.
Ordered, That the faid Letters and Anfwers do lie on the Table.
Three Petitions of Dougal Campbell, John Greagh, and Richard Bolton, late Soldiers in
the Virginia Regiment, fetting forth that the Severity of the Service, in which they were
engaged upwards of feven Years, hath rendered them difabled and infirm, and entirely
incapable of acquiring a Maintenance for themf elves and Families; and praying the
Confideration of the Houfe in the Premifes, were feverally prefented to the Houfe and Read.
Ordered, That the faid Petitions be referred to the Confideration of the Committee of
Claims ; that they examine into the Allegations thereof, and report the fame, with their
Opinion thereon, to the Houfe.
The Order of the Day being read, the Houfe refolved itfelf into a Committee to take
into their further Confideration the Govemour's Speech, together with the feveral
Letters and Papers to the faid Committee referred ; and after fome Time fpent therein,
M"' Speaker refumed the Chair, and M'' Attorney reported that the Committee had had
the faid Speech, Letters, and Papers, under their further Confideration, and had gone
through the fame, and come to feveral Refolutions thereon, which they had diredled
him to report to the Houfe.
Refolved, That this Houfe will receive the faid Report Tomorrow.
Arid the)i the Houfe adjourned until Tomorrow Morning 11 "'Clock.
I3l)ur56a^
43
43
44
[ a4i ]
I3l)ur56aY. t^e $t^ of November, 5 <&eo. Ill 1764.
A Claim of /o/in Euftace, for taking up a Rimaway therein mentioned, was pre-
fented to the Hovtfe and received.
Ordered, That the faid Claim be referred to the Confideration of the Com-
mittee of Claims.
M'' Attorney, from the Committee of the whole Houfe, reported, according to
Order, that the Committee had had under their Confideration the Govemour's Speech,
and the Letters and Papers to them referred, and had come to feveral Refolutions
thereon ; which he read in his Place, and then delivered in at the Table, where they were
again twice read, and agreed to, with fome Amendments, and are as follow:
Refolved, That an humble Addrefs be made to his Honour the Govemour, to affure
him that we have with great Attention reconfidered the Complaint of the Britifh Mer-
chants to the Right Honourable the Board of Trade, relative to our Paper Money, with
the Refolutions of their Lordfhips thereon recommended in his Honour's Speech ; and
*5 at the fame Time have revifed, as well the Laws tmder which the Paper Money was
emitted, as thofe diredting the Exchange at which Judgment for Sterling Debts are to be
dif charged, and alfo revifed the Reafons prefented to his Honour in a former Seffion in
Support of the Juftice of thofe Laws ; and are ftill of Opinion no Injury can happen to
Britifh Creditors from receiving their Debts in the Paper Money (except of a fmall and
accidental Nature, which cannot be provided againft) fmce they are to be paid, and are
paid, fo much Paper as will place their Money in Britain without Lofs, which Method is
preferable to the Payment in Sterhng Specie here (if fuch we had) as that Specie would
not be remitted to Britain without a Lofs of Freight and Enfurance. But as we have
not fuch Specie, which the Merchants themfelves well know, we can fuggeft any Means,
confiftent with natural Equity, by which Sterling Debts can be fecured to be paid here
in Sterhng Money.
Refolved, That the Matters recommended by the Right Honourable the Earl of
Halifax, relative to the Poft, is fufificiently provided for by the A(ft of Affembly for the
Settlement and Regulation of Ferries, and for Defpatch of publick Expreffes.
Refolved, That fuch of the Militia Accounts that are not brought to this Seffion of
46 Affembly ought to be fettled by Commiffioners, to be appointed in the Cotmtry.
Ordered, That a Committee be appointed to draw up and Addrefs purfuant to the
two firft Refolutions ; and it is referred to M"" Pendleton, Mj Mercer, M"' Wythe, and M'
Richard Henry Lee, to prepare and bring in the fame.
Ordered, That a Bill be brought in purfuant to the laft Refolution, and it is referred
to the Committee of Claims to prepare and bring in the fame.
M'' Pendleton, from the Committee of Courts of Juftice, reported that the Committee
had, according to Order, infpededthe Journals of the 4'^, 5* and 6*^ Seffions of this
prefent General Affembly, and had agreed upon a Report ; which he read in his Place,
and then delivered in at the Table, where the fame was again read, and is as follows:
That the Petition of Nicholas Davies, praying that a Ferry may be eftablifhed from
his Land in the Cotmty of Bedford, near the Mouth of Tuckahoe Creek over the Flu-
vannah River, to his Land near the Mill Stone Quarry, in the Cotmty of Amherft; alfo
the Petition of fundry Inhabitants of the upper End of the Coimty of Amherft, praying
„ that a Ferry may be eftablifhed from the Land of Cornelius Thomas, at or near the
Mouth of Mill Creek, on the fouth Side of the Fluvannah River, to the oppofite Side of
the Land of Nicholas Davies, in the County of Bedford, were prefented to the Houfe and
read, and referred to the Confideration of the Committee of Propofitions and Grievances,
to examine into the Allegations of the faid Petitions, and report their Opinion thereon
to the Houfe : That the faid Committee made their Report, and the fame was agreed to
by the Houfe, that the Confideration of the faid Petitions ought to be referred to the
next Seffion of Affembly.
That
[ 242 ]
That the Petition of Capt. John Smith, praying to be reimbiirfed the Sum of £7$,
for fo much paid by him to his Lieutenant Thomas Langdon, for his Pay from September
the 30'*', 1755. to June the 25'*', 1756, having never received any Satiffadlion for the fame,
was pre'fented to the Houfe and read, and referred to the Confideration of the next
Seffion of Affembly.
That a Petition of Bertrand Ewell, fetting forth that he was attending in the Cuftody
of the Sergeant at Arms, in Obedience to the Order of the Houfe, for having been guilty
of a high Crime and Mif demeanor, in prefenting an unjuft Demand to the Houfe, claim-
ing an Allowance to be made him for fome Slaves employed by him in Iron Works, the «
Owners of which are by Law exempted from paying Taxes for them, and begged Leave
to reprefent that the faid Charge is entirely groundlefs, he having made a confiderable
Progrefs towards erefting a Furnace for carrjnng on an Iron Work on fome of his Lands
in the Coimty of Prince William, having raifed a Dam and cut Races for that Purpofe,
in which Work ever>' Slave mentioned in his Claim had been employed, the Truth of
which he was ready to verify ; and praying to be difcharged out of Cuftody, and that
proper Time might be allowed him to prove his Affertions, was prefented to the Houfe
and read, and referred to the Committee of Privileges and Eledlions to examine into the
Allegations thereof, and report the fame, with their Opinion thereon, to the Houfe:
That the faid Committee made their Report, and came to a Refolution, which was agreed
to by the Houfe, that the faid Bertrand Ewell be allowed Time until the next Seffion of
Affembly to prove the Allegations of the faid Petition ; that in the mean Time he be
difcharged out of Cuftody, paying Fees, and that the faid Petition be referred, to the
Confideration of the next Seffion of Affembly.
That a Petition of Richard Pearis, praying to be allowed his Accoimt due from the v>
Colony, when he was ordered out with Major Andrew Lewis to the Cherokee Nation,
having never received any Satiffadlion for the fame, was prefented to the Houfe and
read, and referred to the Committee of Propofitions and Grievances to examine into the
Allegations thereof, and report the fame, with their Opinion thereon, to the Houfe:
That the faid Committee reported they had come to a Refolution, which was agreed to
by the Houfe, that the Article of £81 . 18 charged in the faid Account, for Horfes and
Pack Saddles delivered to Colonel David Stewart for the Expedition againft the Shaw-
anefe, ought to be referred to the Confideration of the next Seffion of Affembly.
That the Petition of William Frafer, fetting forth that he hath lately been at a
great Expenfe in raifing a Caufey through the Marfh oppofite to the pubHck Ferry,
eftablifhed from his Plantation over Mattapony River to the Land of George Braxton,
Efq; deceafed, by the Permiffion of Carter Braxton, Efq; Guardian to the faid George's
Children ; that the faid Caufey will be of great Utility to the PubHck if the Landing
Place over the faid River was eftabliflied there ; as it fhortens the Paffage near Half a
Mile ; and praying that he may be enabled to keep up the faid Caufey, and that the fame 50
may be eftabliflied the publick Landing over the faid River.
Alfo a Petition of fundry Inhabitants of Elizabeth City County, praying that they
may be empowered to build a Bridge over Back River, in the faid County ; and a Peti-
tion of fvindry other Inhabitants of the faid County, in Oppofition thereto, were prefented
to the Hoxife, and referred to the Committee of Propofitions and Grievances to examine
into the Allegations of the faid Petition, and to report the fame, with their Opinions
Ihereon, to the Houfe: That the Committee reported, and which was agreed to by the
Houfe, that the Confideration of the faid Petitions fhould be referred to the Confideration
of the next Seffion of Affembly.
That a Petition of the Infpedtors at Morton's Warehoufe, praying their Salaries may
be augmented.
Alfo a Petition of the Infpedlors at Gibfon's Warehoufe, praying to be allowed
for 84olbs. of Tobacco that was ftolen out of the faid Warehoufe at two different Times,
in the Months of January and April, 1763.
Alfo a Petition of the Minifters and Vef tries of the Parifhes of St. Mark and Brom-
field, in the County of Cidpeper, praying that the faid Parifhes may be divided into three
diftincfl Parifhes.
Alfo
[ 243 ]
M
Alfo a Petition of divers Freeholders and other Inhabitants of the Coixnty of Fred-
erick, praying that the faid County may be divided, by a Line to be nin from Afhby's
Gap, a ftraight Courfe, until it interfedls the Hampfhire Line, and that an A6t may pafs
for that Purpofe.
Alfo four Petitions from the faid County, in Oppofition thereto.
Alfo a Petition of divers Inhabitants of that Part of the County of Halifax fituated
on Hyco River, praying that the Water Grift Mill near the Mouth of the faid River,
built in the Year 1761 by James Hembrie, and now in the Poffeffion of Howard Hurft,
may be dif continued, the fame being a great Obftru($tion to the Paffage of Fifh up the
faid River, which wholly deprives the Petitioners of the Advantage of that Support for
their Families, and that an Adl may pafs for that Purpofe.
Alfo a Petition of James Hughes, of the Coimty of Augufta, Planter, praying to be
reimburfed the Sum of ;£io, 19. 8, being the Amount of a Judgment and Cofts obtained
againft him in the Court of the faid County, in the Year 1759, by one Anderfon of the
faid Coimty, in Confequence of his having impreffed two of his Horfes for the Ufe of
52 the Frontier Battalion notwithftanding they were valued and delivered according to
Law, and he had a Warrant from one of his Majefty's Juftices of the Peace of the faid
County for fo doing.
Alfo a Petition of the Minifters, Church wardens, Veftrymen, and others, Inhab-
itants of the Parifhes of Elizabeth River, Portfmouth, and St. Bride's in the County of
Norfolk, fetting forth that great Inconveniences arife in the Execution of the Law paffed
in the firft Year of his prefent Majefty's Reign, by which the Lands and Slaves devifed
by the Will of Matthew Godfrey, deceafed, to the Poor of the faid County, were vefted
in the Truftees of the faid Coimty, to be hired out, in as much as there is no Perfon to
take Care of the faid Slaves when fick, or the Females when lying in, and Difputes often
arife between the faid Veftries about the Divilion of their Hire, and taking Care of the
faid Slaves, and praying that an A6t may pafs for making Partition of the faid Slaves
among the faid Parifhes, and that the faid Land, with the Appurtenances, may be
valued by difinterefted Perfons, and the Property thereof vefted in the Parifh of Eliza-
beth River, for the Ufe of the Poor of the faid Parifh, on their paying to the Veftries of
the other two Parifhes their Proportion of fuch Valuation, according to the Number
53 of Tithables in each of the faid Parifhes, and that the Money fo paid may be laid out in
other Lands, and be appropriated to the Ufe of the Poor of the faid Parifhes.
Alfo a Petition of fundry Inhabitants of the Coimty of Hampfhire, praying that an
Adt may be paffed, granting a Premium to encourage the killing of Wolves in that and
the neighbouring Counties on the Frontiers of this Colony, that a Peft fo numerous and
deftrudlive to their Stocks may be put an End to.
Alfo a Petition of James Walker, fetting forth that he was a Lieutenant in the
Frontier Battalion in the Year 1759, and recruited 60 Men for the faid Battalion, and
was only allowed i$s. a Man for recruiting, and 8d. a Day for Subfif fence; that he hath
been informed that the Officers have fmce been allowed 305. a Man, and 15. a Day for
recruiting Expenfes and Subfif fence, and praying the Confideration of the Houfe therein,
and that his Allowance may be made adequate to theirs.
Alfo a Petition of Henry Darnell, praying that he may be allowed for three Recruits,
who being taken fick upon the Road before they arrived at the Place of Rendezvous
was refufed by the Commander, as unfit for the Duty they were intended for.
Alfo a Petition of John Gregg, by his Guardian John Baylis, fetting forth that by
54 an A(5t of Affembly paffed in the fourth Seffion of this Affembly, for the Removal of
Occoquan Infpeftion to Colchefter, the faid Gregg fuffered confiderable Damages, he
having funk a large Sum of Money in Building and repairing feveral Warehoufes
for the Reception and Security of Tobacco there, which the faid Law has rendered
ufelefs and unprofitable to him ; and praying the Confideration of the Houfe therein.
Alfo a Petition of John Terrier, of the County of King George, praying to be allowed
fome Compenfation for the Ravages committed by the Virginia Regiment during their
Encampment on his Plantation, in the Year 1762, to a large Amount; were feverally
prefented
[ 244 ]
prefented to the Houfe and read, and referred to the Confideration of the next Seffion
It alfo appears to your Committee that upon the Petition of Edward Hubbard and
James Gunn, Captains of two Companies of Artificers employed on the Works at Pittf-
burg the Houfe refolved that the Sum of £^$2,- 3- 2 ought to be allowed to the faid James
Gnnn for his Company's Pay, and that he fhould be obHged to account for the Difburfe-
ments of the fame upon Oath, and produce the Dif charges of the feveral Claimants to
the next Seffion of Affembly; alfo that the Sum of £if>i. i?- 6 be paid to Lieutenant
Alexander Wangh (to whom the faid Hubbard had ordered the fame to be paid) for his 55
the faid Hubbard's Company's Pay, and that the faid Waugh fhould be obHged to account
for the Difburfements of the fame upon Oath, and produce the Difcharges of the feveral
Claimants to the next Seffion of Affembly.
That, upon a Motion made, it was refolved by the Houfe that the Captains John
Field and John Pofey lay an Account, upon Oath, of the Money they received for their
Companies of Artificers, with the proper Vouchers of their having paid the fame, before
the next Seffion of Affembly.
That a Petition of Robert Brackenridge , praying to be reimburfed a Sum of Money
which he advanced to three Men of his Company of MiUtia when ftationed on Duty at
Fort Chifwell, in the Year 1 761, he having negledled to infert their Names in the Pay
Roll for that Service ; was prefented to the Houfe and read, and referred to the Confider-
ation of the next Seffion of Affembly.
That a Claim of Jofhua Crawford praying fome Recompenfe for a Quantity of Tinber
and Plank cut down and deftroyed, together with a Bam, a Log Houfe, and Malt Kiha,
on his Plantation, where Fort Ligonier was eredled, to the Damage of ;£37. 9. 3.
Alfo a Claim of Jofhua Powell in Behalf of himfelf and his Company, praying to be 56
allowed 33 Days Pay, amounting to £j^a< for their Services on the Frontiers of Halifax,
by the Appointment of Colonel Abraham Maury, in the Year 1759; were prefented to
the Houfe and received, and referred to the Confideration of the next Seffion of Affembly.
That the feveral Claims of John Bailey, Cornelius Lartham, Charles Byrne, William
Edwards, Bernard Markhani, William Gary, John Phillips, George Bernick, Nimrod
Poindexter, William Reeves, Lyddal Bacon, Charles Turner, William Markham, William
Clayton, Thomas Edwards, William Pegram, James Small, William Hanfbrough, James
Jones, Thomas Cooper, John Befley, John Pulliam, William Sergant, Jofeph Morehead,
Jofeph Williams, Peter Pierce, George Neavill, Jtmior, Francis Far nell, Abraham Symf on,
Mofes Bledfoe, William Symfon, and Anthony Fofter for taking up Runaways, were
prefented to the Houfe and received, and referred to the Confideration of the next Seffion
of Affembly.
It aKo appears to your Committee that, on a Motion made, it was ordered that all
fuch Claims and Propofitions as were referred from the 4''' to the 5*^ Seffion of this Affem-
bly, and all fuch Claims and Propofitions as fliould be certified to the faid 5* Seffion,
fhould be referred to the Confideration of the next Seffion of Affembly. 57
Ordered, That the Petition of Bertrand Ewell, fetting forth that he was attending in
the Cuftody of the Sergeant at Arms, in Obedience to the Order of the Houfe, for having
been guilty of a high Crime and Mifdemeanor, particularly mentioned in the faid Report ,
be referred to the Confideration of the Committee of Privileges and Ele(5lions. That
all publick Claims referred from the feveral Seffions of Affembly, in the faid Report
expreffed, alfo the Petitions of Captain John Smith, Richard Pearis, the Infpedlors at
Gibfon's Warehoufe, James Hughes, James Walker, Henry Darnell, John Terrier, Robert
Brackenridge, Jofhua Crawford, and Jofhua Powell, therein fet forth, be referred to the
Committee of Claims ; and that the feveral Propofitions therein mentioned, be referred
to the Committee of Propofitions and Grievances.
M'' Attorney, from the Committee of Propofitions and Grievances, reported that the
Committee had had under their Confideration divers Propofitions and Petitions from
feveral Counties to them referred, and had come to feveral Refolutions thereon ; which
he
59
[ 245 ]
he read in his Place, and then deHvered in at the Table, where the fame were again read
and are as follow :
68 Refolved, That it is the Opinion of this Committee that the Petition of John Wife,
Jun. and fimdry Inhabitants of the Coimty of Accomack, praying that a Ferry may be
eftablifhed from the Land of the faid John Wife, on Chicconeffix Creek, in the faid County
over the Bay to York, Hampton, Norfolk, and the Places adjacent thereto, be rejedled.
Refolved, That it is the Opinion of this Committee that the Petition of Levin Rogers,
and fvindry other Inhabitants of the faid Covmty of Accomack, praying that a Ferry may
be eftablifhed from the Town of Onancock, in the faid County, over the Bay to York,
Hampton, and Norfolk, and the Places adjacent thereto, be rejedled.
Refolved, That it is the Opinion of this Committee that the Petition of Littleton and
Severn Eyre, in Oppofition to the two Petitions above mentioned, is reafonable.
That the Committee had alfo had under their Conlideration a Reprefentation and
Petition of divers Merchants, and their Fadtors, trading in and to this Colony, and have
come to the f everal following Ref olutions thereon :
Refolved, That it is the Opinion of this Committee that that Part of the faid Repre-
fentation complaining of Delays in recovering juft Debts by Defendants in Adlions of
Debt on protefted Bills of Exchange, and other Specialties, being allowed to plead Pay-
ment without Oath, and praying that fuch Plea fhall not be allowed without Oath, is
unreafonable.
Refolved, That it is the Opinion of this Committee that fo much of the faid Repre-
fentation as complains of Sheriffs negledling to make Returns of Procefs, and alfo of
making falfe Returns, and praying that the Laws now in Force relating to the Duty
of Sheriffs in fuch Cafes may be amended, is reafonable.
Refolved, That it is the Opinion of this Committee that fo much of the faid Repre-
fentation complaining of the great Delays Creditors are now fubjedl to in recovering
their Debts, in Cafes where the Debtor has been taken in Execution, and given Bond
for the Prifon Rules, and afterwards efcaped out of the Bounds, and praying that the
Laws relating thereto may be amended and fully explained, is reafonable.
Refolved, That it is the Opinion of this Committee that fo much of the faid Repre.
fentation as complains of the Advantages taken by Debtors in the Prifon Rules, in
letting up Ordinaries, or following other Occupations, in Defiance of their Creditors,
be rejecT;ed,
M Refolved, That it is the Opinion of this Committee that that Part of the faid Repre-
fentation complaining of Pilots extorting unreafonable Fees, and refufing to take out
Branches, and the Difficulty of recovering the Penalties for fuch Offences, be rejecfted .
Refolved, That it is the Opinion of this Committee that fo much of the faid Repre-
fentation as propofes the leffening the Number of Warehoufes, and the increafing the
Salaries of Infpedlors, and raifmg the Rents of the Warehoufes, is reafonable.
Refolved, That it is the Opinion of this Committee that fo much of the faid Repre-
fentation praying that the Proprietors of Warehoiofes may be obliged to build fufficient
Houfes for the Reception of all the Tobacco annually carried to them for Infpedtion,
be rejedled.
Refolved, That it is the Opinion of this Committee that fo much of the faid Repre-
fentation praying that Infpedlors may be exempt from bearing or accepting any other
Commiffion, civil or military, be rejedled.
Refolved, That it is the Opinion of this Committee that that Part of the laid Repre-
fentation praying that no Hogfhead of Tobacco under 950 lbs. neat Weight may be
entered as Crop Tobacco, is reafonable.
Refolved, That it is the Opinion of this Committee that fo much of the laid Repre-
fentation praying that refiifed Tobacco may be picked, either by the Owner or Picker,
in a limited Time, or burnt at the Expiration thereof, be rejedled.
Refolved, That it is the Opinion of this Committee that the Refidue of the faid
Reprefentation praying that Creditors may be allowed, for Security of their Debts,
to
61
[ 246 ]
to take of their Debtors Bonds, with Warrant of Attorney to confefs Judgments, be
reje<5led.
The eleven firft. and thirteenth and fourteenth Refolutions, being read a fecond Time.
and the Queftion fe\'erally put that the Hovife agree thereto,
Refolved, in the Affirmative.
The twelfth Refolution being alTo read a fecond Time, and the Queftion put that
the Houfe agree thereto,
It paffed in the Negative.
Ordered, That the faid Committee do prepare and bring in a Bill, or Bills, purfuant
to the s^^ and 6^^ Refolutions; and that the 9* Refolution do lie on the Table.
M^ Attorney, from the laid Committee, aKo reported that the faid Committee had
had under their Confideration divers other Propofitions and Petitions from feveral
Counties to them referred, and had come to feveral Refolutions thereon ; which he read
in his Place, and then delivered in at the Table, where the fame were again read, and
are as follow :
Refolved, That it is the Opinion of this Committee that the Petition of divers Pro- 62
prietors of Lots, and other Inhabitants of the Town of Alexandria, in the County of
Fairfax, praying that fo much of the A<5t of Affembly for eftablifhing the faid Town as
obliges the Purchafers of Lots therein to build an improve the fame in a limited Time,
may be repealed, and the Purchafers left at Liberty to build thereon when convenient
to them, is reafonable.
Refolved, That it is the Opinion of this Committee that the Petition of fundry
Inhabitants of the County of Fairfax, praying that the Fee of £f,, to which the Lawyers
pradlifmg in the General Court are entitled in all Chancery Suits, and other Suits where
the Title or Bounds of Lands may come in Queftion, and alfo the Fee of 305. to which
the Lawyers pradlifing in the County Courts are entitled in the like Suits, may, when
recovered, be taxed in the Bill of Cofts, is reafonable.
Refolved, That it is the Opinion of this Committee that the Petition of George Wilfon
Spooner, praying that a Ferry may be eftablifhed from his Land, in the County of
Weftmor eland, over Potowmack River, to Cedar Point, in the Province of Maryland, is
reafonable.
Refolved, That it is the Opinion of this Committee that the Petition of fundry In-
habitants of the County of Culpeper, praying that the Court Day of the faid County es
may be altered from the 3<* Thurfday to the 4* Monday in every Month, is reafonable.
Refolved, That it is the Opinion of this Committee that the Petition of fundry
Inhabitants of the County of Fauquier, praying that the Court Day of the faid Coimty
may be altered from the 4"^ Thurfday to the 4*'' Monday in every Month, be rejedled.
The three firft Refolutions being read a fecond Time, and the Queftion feverally
put that the Houfe agree thereto,
Refolved in the Affirmative.
The two laft Refolutions being alfo read a fecond Time, and the Queftion put that
the Houfe agree thereto,
It paffed in the Negative.
Refolved, That the Petition of the Inhabitants of Fauquier, praying that the Court
Day of the faid County may be altered, is reafonable.
Ordered, That the faid Committee do prepare and bring in a Bill, or Bills, purfuant
to the I '', 2"*, 3"*, and laft Refolutions.
On a Motion made,
Refolved, That the Perfon employed by the Clerk of this Houfe to engrofs the Bills,
and to tranfcribe the Bufmef s of the Affembly, be exempted from Arrefts and Executions
during the fitting of the General Affembly.
And then the Houfe adjourned until To-morrow Morning 11 "'Clock. m
65
[ 247 ]
7viba^. t^e 9t^ of 5lovember, 5 (bao. IIL 1764.
ON a Motion made,
Ordered, That Leave be given to bring in a Bill To enable Tenants in
Taille to make Leafes of their Lands ; and it is referred to M'' Edmund Pendle-
ton, and M"" Richard Henry Lee, to prepare and bring in the Same.
A Petition of Alexander Boyd, fetting forth that fome Time about the 2^"^ of Sep-
tember 1763 Davis Calmer, a Chaplain to the Virginia Regiment, being indebted to feveral
Perfons, abfconded, and removed himfelf off, which occafioned many to fue out Attach-
ments againft his Eftate; and more efpecially John M'Clanachan and William Crow,
both of the County of Augufta, fued out their Attachments, and fummoned him to
attend the County Court of Augufta as a Gamifhee, which Summons he accordingly
obeyed, notwithftanding it was very inconvenient and expenfive £0 to do.
And further that on the Trial of the faid Attachments, he being fwom as a Garnifhee,
declared on Oath that at the Time of ferving the faid Attachments in his Hands there
was due from the Coimtry to the faid Davis Calmer, as Chaplain to the Virginia Regiment,
two Months Pay, amounting to £20. But that on a Settlement of his Account with the
Commiffioners appointed for that Purpofe he was ordered not to pay the fame to the
faid Davis Calmer, notwithftanding which the faid County Court of Augufta gave Judg-
ments for the faid M'Clanachan and Crow, and ordered that he fhould pay them the
faid ;^2o, due from the Country to the faid Davis Calmer, which he has been adlually
forced to pay out of his own Pocket. And praying the Confideration of the Houfe
therein, was prefented to the Houfe and read ; and the Queftion being put that the faid
Petition be referred to a Committee,
It paffed in the Negative.
Refolved, That the faid Petition be rejected.
Ordered, That M'' Henry Lee be added to the Committees of Propofition and Griev-
ances and Courts of Juftice, M'' Hutchings to the Committee of Trade, SindW Claiborne,
to the Committee of Courts of Juftice.
M"" George Wafhington laid before the Houfe a Report from the Commiffioners
appointed by Adl of Affembly to examine, ftate, and fettle, the Accoimt of the Pay,
Provifions, Arms, and Neceffaries, for the Militia of this Colony ; which was read, and
is as follows :
The Commiffioners not thinking themfelves empowered by Law to allow fome of
the Officers lately employed in the Service of the Country the Pay by them demanded,
have judged it neceffary to add a Reprefentation of fuch Officers Cafes refpedtively in
the Manner they appeared, as follows:
Colonel Adam Stephen, who had been employed by his Honour the Govemour as
Commander in Chief of the Militia in the Northern Diftridt, and who is Lieutenant of
the Cotmties of Hampfhire and Frederick, requefted to be allowed 205. a Day for his
Service in both thofe Counties ; and though it appeared that his Expenfe and Trouble
in the Execution of his Office had been confiderable, they have allowed him only 105.
a Day, being the Pay allowed by Law to a Cotmty Lieutenant.
It appeared to the Commiffioners that Capt. John Field, of the County of Culpeper,
was by Col. Stephen appointed to adt as Major of the Militia in his Diftridt; and that
the Colonel had from Time to Time given the faid Field written Orders and Inftru(5lions
to vifit the feveral Pofts, make Returns, &c. That Capt. Field had in all Things ftridtly
performed the faid Office, and had been extremely adtive, brave, and zealous in the
Defence of his Country, conftantly expofed to the greateft Dangers, and expending
confiderable Sums of Money in Order to appear with becoming Dignity in his Office,
which would have been unneceffary had he remained a private Volunteer, which was
the Station he at firft engaged in. It further appeared that Col. Stephen had Diredlions
from
[ 248 ]
from his Honour the Govemour to employ Capt. Field, in fuch Manner as he thought
he could be moft ferviceable to the Country.
It alfo appeared that George Wilfon had obtained a Commiffion to ad as Major of
the County of Hampfhire, and that he had the Command of a Company of the Hampfhire
Militia given him by Col. Stephen; that the faid Wilfon had alfo been brave and adive,
in the Command of the faid Company: But it appearing, from the Teftimony of Col.
Stephen, that the faid Wilfon was intended only to adl as Major of the Militia of Hamp-
fhire, and as Captain with Refpedl to the Company he commanded, the Commiffioners
have' thought fit to allow the faid Wilfon only Captain's Pay, and to refer his Cafe to
the General Affembly for a further Allowance, if they fhould think proper to give him
any. And, upon the Whole, the Commiffioners think that Capt. Field, in Equity and
Juftice, is entitled to the Pay of a Major, or an Allowance equal thereto : But as he was
not lawfully appointed, they do not think themfelves authorized to allow him his Pay;
and therefore, in Juftice to his Merit, do eameftly recommend him to the Favour of the
Houfe.
That Captain Luke Collins, of the Hatnpfhire Militia, was ordered by Col. Stephen ,-«
to join Major Wilfon with as many able Men as fhould be in his Power to colled in a
fhort Time, and to march in Queft of a Party of Indians who had killed feveral of the
Inhabitants of Hampfhire, at a Place called Welton's Meadow; in Confequence of which
Order Capt. Collins did march with 21 Men imder his Command, not having Time to
raife a greater Number; That he, with Major Wilfon and his Party, did overtake the
Party of Indians at Cheat River, attacked and killed three of them, wounding feveral
others, and retook a Prifoner who had been carried from Welton's Meadow, together
with a large Quantity of Plunder: And that Capt. Collins, with his Party, were out on
the faid Service ten Days. The Commiffioners not thinking themfelves authorized by
Law to allow the Captain his Pay, on Accoimt of the fmall Number of Men in his Com-
pany, have allowed the Men their Pay, and refer his Cafe to the Houfe.
That Capt. John Mofs, with Lieutenant Gore, an Enfign, and 24 private Men, were
ordered by Colonel Minor of Loudoun County to march to Winchefter, there to take
Orders from Col. Stephen, and to proceed from thence as he fhould diredl; at the fame
Time telling Capt. Mofs that he would complete the Company, and fend the Number ^
then wanting immediately up to Winchefter, under the Command of an Officer: That
fome Time after Capt. Moff's Arrival at Winchefter he was ordered by Col. Stephen to
proceed to one of the Forts on the Frontiers, and an Exprefs was fent by Colonel Stephen
to inform Col. Minor that he need not fend up any more Men until further Orders;
which Exprefs met the Men fent by Col. Minor, with Intent to join Capt. Mofs, on the
Blue Ridge, whereupon they returned, and Capt. Mofs remained in the Service, with
the aforefaid Company, 60 Days. The Commiffioners, therefore, have only allowed the
Enfign, two Sergeants, and the private Men their Pay, referring the Captain and Lieu-
tenant to the Conlideration of the Hotife.
Ordered, That the faid Report be referred to the Confideration of the Committee
of Claims ; that they examine into the Allegations thereof, and report the fame, with
their Opinion thereon, to the Houfe.
M'' Edmund Pendleton, from the Committee of Courts of Juftice, reported that the
Committee had, according to Order, examined what Laws have expired fince the 4""
Seffion of Affembly, and infpedled fuch Laws as will expire at or foon after this Seflion
of Affembly, and had agreed upon a Report, and come to feveral Refolutions thereon ;
which he read in his Place, and then delivered in at the Table, where they were again
twice read and agreed to by the Houfe, as follow :
Refolved, That the A(5l of Affembly made in the 19'*^ Year of the Reign of his late
Majefty King George II, entitled, An Ad^ for the better regulating and colleding certain
Officers Fees, and for other Purpofes therein mentioned, which hath been continued by
feveral Adls, and amended by two other A(5ls in the i'' and 3<i Years of his prefent
Majefty's
« Hening, V, p. 326.
[ 249 ] •
Majefty's Reign, and which will expire on the 12*'' Day of April 1766, ought to be further
continued.
Refolved, That the Adt of Affembly made in the 22*^ Year of the Reign of his late
Majefty King George II, entitled, An Ad' for amending the Staple of Tobacco, and for
preventing Frauds in his Majefty's Cuftoms, together with three Adts made in the 25*^,
27*^, and 28*^ Years of his faid late Majefty's Reign, alfo three other Adls made in the
i'*, 3<^and 4*^ Years of his prefent Majefty's Reign, for continuing and amending the
fame, which will expire at the End of the Seffion of Affembly to be held next after
the 10*^ Day of April 1766, ought to be continued, with Amendments.
Refolved, That the Adt of Affembly made in the 30* Year of the Reign of his late
71 Majefty King George II. entitled, .(4m ./I (3^ for reducing the feveral Ads made for making
Provifion again ft Invafions and Infurredions into one Ad, which was continued by another
Adt made in the 3*^ Year of his prefent Majefty's Reign, and which will expire on the
S*'' Day of June next, ought to be further continued.
Refolved, That the Adt of Affembly made in the 23'^ Year of the Reign of his late
Majefty King George II. entitled. An Ad^ for reducing the feveral Ads made for laying a
Duty on Liquors into one Ad, which was continued by another Adt made in the i f' Year
of his prefent Majefty's Reign, and which will expire on the 10* Day of /mm^ next, ought
to be further continued.
Ordered, That the Committee of Courts of Jviftice do bring in a Bill, or Bills purfuant
to the I *' Refolution.
Ordered, That the Committee of Propofitions and Grievances do bring in a Bill, or
Bills, purfuant to the 2^ and 3** Refolutions.
Ordered, That the Committee of Trade do prepare and bring in a Bill, or Bills pur-
fuant to the laft Refolution.
Ordered, That it be an Inftrudtion to the Committee to whom it is referred to bring
in a Bill, or Bills, purfuant to the 2'^ Refolution, that they receive a Claufe a Claufes
72 purfuant to the 9* Refolution of the Committee of Propofitions and Grievances, agreed
to by the Houfe Yefterday.
A Petition of William Blanton, fetting forth that in a Skirmifh with the Indians
in May laft, under the Command of Capt. Charles Lewis, he was fhot through the Thigh,
by which means he is rendered incapable of getting a Livelihood; and praying the
Confideration of the Houfe in the Premifes, was prefented to the Houfe and read.
Ordered, That the faid Petition be referred to the Confideration of the Committee
of Claims ; that they examine into the Allegations thereof, and report the fame with their
Opinion thereon, to the Houfe.
A Bill For dividing the County of Lunenburg into three diftrndt Counties, was read
a fecond Time.
Ordered, That the faid Bill be engroffed, and read a third Time.
M'' Pendleton, reported that the Committee appointed had, according to Order,
prepared an Addrefs to his Honour the Govemour ; which he read in his Place, and then
deUvered in at the Table, where the fame was again twice read, and agreed to, with
fome Amendments, as follows :
Sir,
The Burgeffes of Virginia, now met in General Affembly, have had under their
73 moft ferious Cmifideration that Part of your Honour's Speech recommending the Re-exami-
nation of the Complaints of the Britifh Merchants to the Right Honourable the Board of
Trade, relating to our Paper Money, with the Refolutions of their Lord f hips thereupon:
And that we might proceed with a Deliberation that fhould fully evince the Reditude of our
Intentions, we revifed the feveral Laws authorizing the Paper Emiffions, and direding
the Rate of Exchange at which Judgments for Sterling Money fhould be dif charged; and
have alfo reviewed our Reafons, prefented to your Honour at a former Seffion, in Support
of the Juftice of thofe Laws. The prefent Propofition being only that we fhould fecure
the Payment of Sterling Debts in Sterling Money, here, or in Great Britain, we examined
how either of thofe Payments might be effeded; and as we have not Sterling Specie to pay
here
' Hening, VI, p. 154. " Ibid., VII, p. 106. i Ibid., VI, p. 198.
Satur6aY, tl)e lOt^ of !Jtoventber, 5 (Beo, III. 1764.
A Petition of John Dix, letting forth that in the publick Levy in the Year 1756, there
remained in the Hands of the Sheriff of /viwg and Queen a Depofitum of 10,736
lbs. of Tobacco, to be accounted for in the next publick Levy, which Tobacco
was colledled by him and Jofeph Starling, then Under Sheriffs, in the following
Proportion, that is to fay, 4522 by the faid Starling, and 6214 by himfelf, both which
being in Tranffer they received from the Infpedors 125. 5^. a Hundred for it, being the
Price at which the Tranffer fold that Year: That in the next publick Levy, in 1758,
the faid Tobacco being levied by the Sheriff, they were obliged to pay for the fame
21S.
74
[ 250 ]
here, which the Merchants well know, we could fecure the Sterling Creditors from Injury,
in tite Receipt of the Paper by no other Means, that we can fuggeft, except by direding that
they fhould be paid fo much Paper as would place their Money in Britain without Lofs.
This, we are ftill of Opinion, the Law direding the Courts to fettle the Exchange on all
Judgments fully effeds; to which we can add no greater Security, without altering our Cur-
rency in that effential Part that makes it a legal Tender in all Payments, which we think,
we cannot do without violating the Principles of natural Equity, in regard to the prefent
Poffeffors. And as we conceive an Alteration unneceffary with Refped to the Creditors,
and might be attended with Oppreffion as well as Injuftice to the Debtors, we can by no
Means agree to that Meafure; efpecially as a Payment in Paper is preferable to one in
Sterling Specie here, if fuch we had to pay, fince that Specie could not be fent to Britain
without a Lofs of Freight and Enfurance.
We have alfo confidered the Letter from the Earl of Halifax, laid before us, relative
to the Eftablifhment of Ferries, and other Articles for the Convenience of the Poft, and
think tluU our Laws fufliciently provide for fuch Convenience; but being fidly convinced
of the Ufefulnefs of a regular Poft we fhall be ready at all Times to adopt fuch Meafures
as fhall be pointed out to us for the better effeding fo falutary a Purpofe.
Ordered, That the faid Addrefs be fairly tranfcribed, and prefented by the Com-
mittee who drew the fame.
A Petition of divers Freeholders and Inhabitants of the County of Caroline, fetting
forth that having feen a Bill, entitled, A Bill to eftablifh a more eafy and expeditious
Method for the Trial of Criminals, and of Caufes depending in the General Court, which 75
was brought into a former Seffion of Affembly, and ordered to be printed, they confid-
ered that as an Appeal to the Publick for their Sentiments on the Bill.
That they have long confidered that the Attendance of Suitors and Witneffes,
from all Parts of the Country, at Williamfburg, for the Trial of Suits in the General Court,
muft neceffarily occafion great Expenfe, Trouble, and Lofs of Time, which might in a
great Meafure be faved if the Trials were nearer home; and at the fame Time, while
all Trials of Suits in the Supreme Court are to be had at one Place, as the Number of
Suits will increafe in Proportion to the Growth of the Colony, fuch a Delay of Juftice
will neceffarily be introduced as muft end in the Ruin of Suitors, the DeftruAion of
Publick Credit, and the Trade and Commerce of the Colony.
That they are aKo of Opinion that there is much unneceffary Expenfe and Trouble
occafioned by carrying the Criminals, with their Venires and Witneffes, from all Parts,
for their Trials at William fbiirg, which might be faved in the Method propofed by the
faid Bill.
They therefore humbly propofe that the Bill aforefaid, or fome other of the fame
Nature, may pafs into a Law.
Alfo two Petitions of divers Lihabitants of the Counties of Effex and King and 76
Queen, to the fame Effedt, were feverally prefented to the Houfe and read.
Ordered, That the faid Petitions be referred to the Confideration of the Committee
of Propofitions and Grievances; that they examine into the Allegations thereof, and
report the fame, with their Opinion thereon, to the Houfe.
And then the Houfe adjourned until To-morrow Morning ii'''Clock.
C 251 ]
'" 215. 6d. a Hundred, by which they iuftained a Lofs of 95. id. a Hundred, without any
Fault of theirs ; and it was agreed that Application fhould be made to the General Affem-
bly for Redrefs, which the faid Starling undertook to make, and accordingly petitioned
in the Year 1759 ; and hearing he had fucceeded, charged M"" Starling with his Propor-
tion of the Lofs ; but he, dying foon after, and on Inquiry, found that M"" Starling applied
for, and was allowed only for the Lofs on his Proportion of 4522 lbs. which Difcovery was
made during the Seffion of Affembly in November 1762, and, as it happened, after the
Houfe had paffed an Order againft receiving any other Claims in that Seffion: And
praying that he may be allowed his Lofs aforefaid, amounting to ;^28. 4. 5, was prefented.
to the Houfe and read.
Ordered, That the faid Petition be referred to the Confideration of the Committee
of Claims; that they examine into the Allegations thereof, and report the fame, with
their Opinion thereon, to the Houfe.
M'' Edmund Pendleton, from the Committee of Courts of Juftice, prefented to the
Houfe, according to Order, a Bill For further continuing the Adt, entitled, An Ad^ for
the better regidatmg and colleding certain Officers Fees, and for other Purpofes therein
mentioned: and the fame was read the firft Time, and ordered to be read a fecond Time.
78 M'' Attorney, from the Committee of Propofitions and Grievances, reported that the
Committee had had under their Confideration that Part of the Report of the Commiffion-
ers appointed by an Adt of Affembly, entitled. An Ad' for appointing Commiffioners
to examine and ftate the Accounts of the Militia lately ordered out into adual Service,
and for other Purpofes therein mentioned, as relates to the Condudl and Sei'\'ices of Col.
Adam Stephen, and had agreed upon a Report, and come to feveral Refolutions thereon ;
which he read in his Place, and then delivered in at the Table, where the fame was again
twice read, and agreed to by the Houfe, as follows :
Your Committee begs Leave to inform the Houfe that M'' Thcnnas Rutherford appeared
before them, and exhibited a Charge in Writing refle($ling on the Condudt of Col. Stephen,
who being called upon declared that he was not now provided with Evidence to defend
himfelf againft the faid Charge ; and it was then agreed between them that the Exami-
nation thereof fhould be poftponed to a future Day. And thereupon
Refolved, That as well the faid Col. Stephen as M"" Rutherford be at Liberty to examine
and take the Depofitions of fuch Witneffes as they fhall think proper, before Thomas
Bryan Martin, James Wood, John Hite and John Nevil, Gentlemen, or any three of them,
79 at the Houfe of Bryan Bruin in Winchefter, on the 26"^ Inftant, or on fuch other Days
as they the faid Commiffioners fliall from Time to Time adjourn to for that Purpofe;
and that they return the Depofitions fo to be taken to this Committee, on or before the
lo*^^ Day of December next.
M'' Rutherford laid before the Committee the Depofitions of fundr}' Perfons, to which
Col. Stephen objedted, as being taken ex parte; but agreed that the Depofitions of fuch
of them as cannot be re-examined, upon Proof thereof made before this Committee, may
be read in Evidence upon the further Confideration of the faid Charge.
Refolved, That the further Confideration of the faid Charge be referred to the lo""
Day of December next.
Ordered, That M'' Greenhill be added to the Committee of Trade.
An engroffed Bill, entitled. An Ad^ for dividing the County of Lunenburg into three
diftind Counties, was read a third Time, and the Blanks therein filled up.
Refolved, That the faid Bill do pafs.
Ordered, That M"" Read do carry up the faid Bill to the Council for their Concurrence.
And then the Houfe adjourned until Monday Morning 11 "'Clock.
« Hening, V, p. 326, 2 Ibid., VII, p. 124. 3 Ibid., VIII, p, 41.
[ 252 ]
5llon6aY. tl)c I2tl) of 5lovember, 5 (&ea III 1764.
80
M
R Pendleton reported that the Committee appointed had, according to Order,
waited on his Honour the Govemour with the Addref s of this Houfe of Friday
laft, to which his Honour was pleafed to fay he would return and Anfwer
in Writing.
A written Meffage from the Govemour was delivered by M-- Walthoe, as follows:
81
M' Speaker, and Gentlemen of the Houfe of Burgeffes,
I fhall take the earlieft Opportunity of tranfmitting your Addref s to the Right Honour-
able the Lords of Trade and Plantations, fuhmitting to their Lordfhips, Judgment the Rea-
fons affigncd therein for your Non-Compliance with the Propofition offered by the Merchants
of Great Britain to the Lcgiflature of this Colony. If their Lordfhips fhould think them
infufficient to remove the Caufe of Complaint from the Merchants, they have candidly told
you what you have to exped, from their Attention to the Grievances of his Majefty's Subjeds
when made known to them; and you can blame no one but yourfelves for any Confequences
which may follow the Reception you have given to Matters recommended to you from that
Right Honourable Board.
From the Knowledge I have of the Country, I agree with you that the Ferries and other
Requifites for carrying on a regular Poft through this Colony are in general already well
provided for; and if any future Wants fhould be made to appear from the Officers concerned
in that Branch of the Revenue, I make no Doubt but you will concur in any Meafures condu-
cive to make it ftill more convenient and ufeful to his Majefty's Subjeds on this Continent.
M"" Attorney, from the Committee of Propofitions and Grievances, prefented to the
Houfe, according to Order, a Bill For further continuing the Adl for reducing the feveral
Adts for making Provifions againft Invafions and Infurredlions into one Adt.
Alfo a Bill For allowing the full Fees to which the Lawyers pradtifmg in the feveral
Courts of this Colony are entitled, in particular Cafes therein mentioned, to be taxed,
upon Recovery, in the Bill of Cofts; and the faid Bills were read the firft Time, and
ordered to be read a fecond Time.
A Petition of divers Inhabitants of the Counties of Caroline and Hanover, fetting
forth that the Navigation of Pamunkey River is greatly obftrudted by feveral Hedges
and Stone Stops being eredted therein; to the great Prejudice of the faid Inhabitants;
and praying the fame may be remedied, and that the Adt of Affembly for clearing the
faid River, and for the Prevention of fetting up Hedges and Stone Stops, fo far as relates 82
to the Recovery of the Penalties infiidted by the faid Adt, may be amended, or fuch
Alterations made therein as to this Houfe fhall feem reafonable, was prefented to the
Houfe and read.
Ordered, That the faid Petition be referred to the Confideration of the Committee of
Propofitions and Grievances; that they examine into the Allegations thereof, and
report the fame, with their Opinion thereon, to the Houfe.
An Account of Thomas Dor an, for three Months Pay as a Soldier in the Virginia
Regiment.
Alfo an Account of Jofhua Powell, for his Company's Pay, amounting to £,j^i . 16;
were feverally prefented to the Houfe and read.
Ordered, That the faid Accounts be referred to the Confideration of the Committee
of Claims; that they examine into the Allegations thereof, and report the fame, with
their Opinion thereon, to the Houfe.
And then the Houfe adjourned until To-morrow Morning 11 "'Clock.
[ 253 ]
TDUQ,sba^. tt)(i 13 1^ of November. 5 (5eo. Ill 1764.
0
iRDERED, That M-- Brid^er be added to the Committee of Courts of Juftice.
83 ^ y M"" Pendleton, from the Perfons appointed, prefented to the Houfe, accord-
ing to Order, a Bill To enable Tenants in Taille to make Leafes of their Lands ;
and the fame was read the firft Time, and ordered to be read a fecond Time.
M'' Attorney, from the Committee of Propofitions and Grievances, reported
that the Committee had had under their further Confideration the Report of the Com-
miffioners appointed to examine and ftate the Accounts of the Militia lately ordered out
into adlual Service, to them referred, and had come to feveral Refolutions thereon;
which he read in his Place, and then delivered in at the Table, where they were again
read, and are as follow :
Refolved, That it is the Opinion of this Committee that M'' John Field, named in the
faid Report, who a(fted as a Major for the County of Hampfhire, in the Defence of the
Frontiers, under the Appointment of Col. Adam Stephen, ought to be allowed the Pay
of a Major during the Time he was employed in that Service.
Refolved, That it is the Opinion of this Committee that Capt. George Wilfon, who
was alfo appointed to adt as a Major for the faid County of Hampfhire, but as a Captain
only with Refpedl to the Company of Militia he commanded, ought not to be allowed
the Pay of a Major.
84 Refolved, That it is the Opinion of this Committee that Capt. Luke Collins, alfo
named in the faid Report, who went out with 21 Men only under his Command not
having Time to raife more, in Purfuit of the Indians attacked and killed fome of them,
and woimded others, ought to be allowed the Pay of a Captain for his faid Services.
Refolved, That it is the Opinion of this Committee that Capt. John Mofs, and
Lieutenant Gore, who were alio employed in the publick Service, with an Enfign, and 24
private Men only, the Reft of their Company, who were marching to join them, being
ordered back by Colonel Stephen, ought to be allowed refpecftively their Pay, as Captain
and Lieutenant, during the Time they were fo employed.
The firft, third and fourth Refolutions, being read a fecond Time, and the Queftion
feverally put that the Houfe agree thereto,
Refolved in the Affirmative.
The fecond Refolution being alfo read a fecond Time, and the Queftion thereupon
put that the Houfe agree thereto.
It paffed in the Negative.
And on a Motion made,
Refolved, That Capt. George Wilfon, who adted as a Major for the faid County of
85 Hampfhire, in the Defence of the Frontiers, under the Appointment of Col. Adam
Stephen, be allowed the Pay of a Major during the Time he was engaged in that Service.
A Claim of Thomas Bates, for 56 Days Pay as a Drummer in Csi-pt. A f hie y's Independ-
ent Company.
Alfo a Claim of William Thompfon, for taking up a Rimaway therein mentioned.
Alfo fundry Accounts from divers Perfons of the County of Halifax, for Provifions
fumifhed the Militia drawn out into adlual Service, alfo Accounts of feveral Officers in
Behalf of themfelves and the Companies under their Command for their Pay as Militia
of the faid County, and for Horfes, &c. impreffed into the Service of this Colony, and for
other Purpofes therein mentioned.
Alfo a Petition of Edward Garvin, letting forth that he was employed laft Stmimer
as a Scout on the fouth weftem Frontier by the Appointment of Col. Lewis, and in
attempting to ford the Neiv River in Queft of the Enemy he loft a fine rifle barrel Gim,
of the Value of £10 ; and praying that he may be allowed for the fame by the Publick.
Alfo a Petition of William Man, letting forth that ever fince the Commencement of
the laft Indian War he hath been conftantly employed as a Look-out, or Scout, on the
Frontiers
[ ^54]
Frontiers: which Sen'ice he heartily engaged in, and cheerfully performed for the Truth «•
of which, fo far as regards his Duty and Behaviour as a Soldier, be begs Leave to refer to
his Commanding Officer, and Col. Lewis, Lieutenant of the County of Augufta: That
on the 26"' Day of April laft, being then on Duty, and engaged with the Enemy, had the
Miffortune to be fhot througli his Breaft and one of his Arms, which has totally deprived
him of the Ufe of it, as alfo of the Means of Livelihood, and laid him under the Neceffity
of being at an Expenfe for his Cure no Way proportionable to his Circumftances ; and
praying a Recompenfe for his Wounds and Services from the Publick.
Alfo a Petition of Robert Armftrong, fetting forth that he was a Soldier in Capt.
Walter Cunningham's Company of Militia ftationed laft Summer at Fort Young, in the
County of Augufta; and in an Engagement with the Enemy, in the Month of April laft,
he received a Wound in his Body, and notwithftanding his Application to a Surgeon,
and at a great Expenfe, his Wound is yet uncured, which renders him unable to labour
for the Support of himfclf, his Wife and Children ; and praying the Confideration of this
Houfe therein.
Alfo a Petition of Francis Jackfon, fetting forth that he was a Volunteer in Capt. »?
Cluirles Lewif's Company of Militia ftationed laft Summer at Fort Dinwiddie, in the
County of Augufta; and in an Engagement with the Enemy, in the Month of May, he
received a Wound in his Back, and through his Shoulder, which hath coft him a confid-
erable Sum to a Doctor, but hitherto without Succefs, whereby he is rendered unable to
fupport himfelf at all by Labour ; and praying fuch Relief as fhall by this Honourable
Houfe be thought reafonable, wxre feverally prefented to the Houfe and read.
Ordered, That the faid Claims and Petitions be referred to the Confideration of the
Committee of Claims, that they examine into the Allegations thereof, and report the
fame, with their Opinion thereon, to the Houfe.
On a Motion made,
Refolved, That this Houfe will refolve itfelf into a Committee to confider the State
of the Colony.
Ordered, That the feveral Letters to and from the Agent, with the Letter addreffed
to the Speaker from the Committee for the Maffachufetts Government, which were
ordered to lie on the Table, be referred to the fame Committee.
The Houfe immediately refolved itfelf into the faid Committee, purfuant to the ss
above mentioned Refolution of the Houfe; and after fome Time fpent therein, M"'
Speaker re fumed the Chair, and M'' Attorney reported that the Committee had had that
Matter under their Confideration, and had come to feveral Refolutions thereon.
Ordered, That the fame be reported to the Houfe To-morrow.
And then the Houfe adjourned until To-morrow Morning li "'Clock.
Wednesday. tl)e Htb of 5lovember, 5 (&eo. III 1764,
MR Benjamin Harrifon, from the Committee of Trade, prefented to the Houfe,
according to Order, a Bill For further continuing an Ac^, entitled. An Ad^
for reducing the feveral Ads made for laying a Duty on Liquors into one Ad;
and the fame was read the firft Time, and ordered to be read a fecond Time.
A Petition of George Heal, fetting forth that he is poffeffed, under the laft
Will and Teftament of his late Father, John Heal, of the County of Lancafter, of feveral
Trafts of Land, and of feveral Slaves alfo, as Tenant in Taille Male.
That he is alfo feized in Fee Simple of a Tradt of Land containing 1 130 Acres, in the
County of Fauquier, which he purchafed of one Thomas Edwards.
And he humbly conceives that it would be much more to the Benefit and Advantage,
as well of himfelf and his Family, as of the Heir of his Body, and it would alfo enable
him to make fome Provifion for his younger Children, if he was vefted with the abfolute
Property
■ litning, VII, p. 265.
89
[ 255 ] *
Property of Part of the faid entailed Slaves, and the faid 1130 Acres of Land in Fau-
quier County, which is of greater Value, were fettled on him and the Heirs of his Body,
in Lieu of the faid Slaves.
Ordered, That a Bill be brought in agreeable to the faid Petition, and it is referred to
M'' London Carter to prepare and bring in the fame.
A Petition of M"" John Syme, fetting forth that Mildred his Wife was feized in Fee
Taille of feveral Parcels of Land, and in Fee Simple of fome others and the Petition
having more convenient and valuable Lands of his own, did, with the Confent of the
faid Mildred, in her Lifetime, agree to fell feveral Tradts of the faid Land, and received
the Confideration ; but before Conveyances were executed the faid Mildred died, leaving
Iffue by the Petitioner John Syme, her eldeft Son, and three other Children.
That the faid Mildred was feized in Fee Simple of 1 2 unimproved Lots in the Town
90 of Newcaftle, which muft remain of no Value unlefs the Petitioner was empowered to
fell or improve them, until his Son fhall fucceed to the Eftate.
That the Petitioner is feized in Fee Simple of about 400 Acres of Valuable Land near
Newcaftle in the Coimty of Hanover, purchafed of Reuben Skelton and William Winfton,
which is adjoining and convenient to a very confiderable Tradt of which he was feized in
Right of his faid Wife ; and it would be a great Advantage to his Family if he was em-
powered to confirm his Contradls for the Sale of the faid feveral Tra(fts of Land, and to
fell the faid Lots in the Town of Newcaftle and to veft the faid 400 Acres of Land in the
Iffue of the faid Mildred in Lieu thereof.
That he hath publifhed Notice of his Intentions to apply to this prefent General
Affembly, according to the Royal Inftrudlions, and praying that an Adl may pafs for
that Purpofe, was prefented to the Houfe and read.
Ordered, That a Bill be brought in agreeable to the faid Petition, and it is referred to
M'' Edmund Pendleton, to prepare and bring in the fame.
A Petition of M'' Charles Carter, fetting forth that the Soldiers of the Virginia
Regiment, in Order to avoid the Smallpox fpreading in the faid Regiment, removed
®' from Frederickfburg, where that Diftemper had broke out in feveral Families, to his
Plantation at Stanfted, where they tarried feveral Months during all which Time they
cut down and made Ufe of a large Quantity of Timber for Firewood, and greatly dam-
aged his Houfes, which damages were afcertained by a Court of Officers appointed for
that Purpofe by Order of Col. Adam Stephen, to which he refers, and praying the Confid-
eration of the Houfe therein.
Alfo a Petition of John Craig, fetting forth that he is well informed, and believes it
to be true, that the Colony of Virginia is indebted to the Eftate of John Hamilton,
deceafed, for his Pay as a Lieutenant for 118 Days, at the Rate of 45. a Day, amounting
in the Whole to £2^ . 12 : That the faid John Hamilton, deceafed, was killed at General
Braddock's Defeat, when he was indebted to David Craig, his Brother, in the Sum of
£43 • 13 • 3 Halfpenny the greateft Part of which was due to the faid David Cratg (who
was a Merchant) for Regimentals, and other Things neceffary for the faid Hamilton's
Outfit, as an Officer in the Ser\-ice of the Country : That fmce the Death of the faid
Hamilton the faid David Craig adminiftered on his Eftate, on Purpofe to get the Pay
92 due from the Country to the faid Hamilton, which was the moft confiderable Part of the
faid Hamilton s Eftate : That fome Time fince the faid David Craig is aKo dead, and he
has duly obtained the Adminiftration of his Eftate ; by which all and every the Goods
and Chattels, Rights and Credits, which were of the faid John Hamilton's, are legally
vefted in him. Wherefore he humbly prays that this Worfhipful Houfe will take his
Cafe under their Confideration, and grant him fuch Aid in the Premifes as to this
Houfe fhall feem reafonable, were prefented to the Houfe and read.
Ordered, That the faid Petitions be referred to the Confideration of the Committee
of Claims; that they examine into the Allegations thereof, and report the fame, with
their Opinion thereon, to the Houfe.
M"" Attorney, from the Committee of Propofitions and Grievances, reported that the
faid Committee had had under their Confideration divers Propofitions and Petitions
from
[ 256 ]
from feveral Counties to them referred, and had come to two Refolutions thereon, which
he read in his Place, and then deUvered in at the Table, where they were again read, and
are as follow :
Refolved, That it is the Opinion of this Committee that the feveral Petitions of
fundr>' Inhabitants of the Counties of King and Queen, Caroline, and Effex, complaining
of the great Expenfe, Trouble, and Lofs of Time, Suitors are put to in attending the
Trial of their Caufes in the General Court, and alfo of the great Expenfe and Trouble
occafioned by carrying Criminals with their Venires and Witneffes for Trial at the
General Court, and praying that the Bill prefented to a former Seffion of Affembly To
eftablifh a more eafy and expeditious Method for the Trial of Criminals, and of Cavifes
depending in the General Court, or fome other of the fame Nature, may pafs into a Law,
be rejedted.
Refolved, That it is the Opinion of this Committee that that Part of the Petition of
Capt. Richard Pearis, praying to be allowed for Horfes and Pack Saddles fumifhed by
him for an Expedition againft the Shawanefe Indians, in the Year 1756, which was
referred from a former Seffion to the Confideration of this Seffion of Affembly, is reafon-
able, and that the faid Richard Pearis ought to be allowed the Sum of ;£8i . 18 for the
faid Horfes and Pack Saddles, to be paid by the Publick.
The fir ft Refolution being read a fecond Time, and the Queftion put that the Houfe
agree thereto,
It paffed in the Negative.
Refolved, That the faid Petitions are reafonable.
The laft Refolution being alfo read a fecond Time, and the Queftion thereupon put
that the Houfe agree thereto,
Refolved in the Affirmative.
Ordered, That the faid Committee do prepare and bring in a Bill purfuant to the
Refolution of the Houfe.
Ordered, That it be an Inftrudtion to the Committee of Claims to make the Allow-
ance in the Book of Claims purfuant to the laft Refolution.
Ordered, That M"' Fitzhugh be added to the Committee of Proportions and Griev-
ances, and M'' William Wager to the Committee of Courts of Juftice.
M"' Attorney, from the Committee of the whole Houfe reported, according to Order,
that the Committee had had tmder their Confideration the State of the Colony, and the
feveral Letters to them referred, and had come to feveral Refolutions thereon ; which he
read in his Place, and then delivered in at the Table, where they were again twice read,
and agreed to, with fome Amendments, and are as follow :
Refolved, That a moft humble and dutiful Addrefs be prefented to his Majefty,
imploring his Royal Protedtion of his faithful Subjects, the People of this Colony, in the
Enjoyment of all their natural and civil Rights, as Men, and as Defcendents of Britons;
which Rights muft be violated, if Laws refpedling the internal Government, and Taxa-
tion of themfelves, are impofed upon them by any other Power than that derived from
their own Confent, by and with the Approbation of their Sovereign, or his Subftitute:
And profeffmg, that as thefe People have at all Times been forward and zealous to
demonftrate their Loyalty and Affecftion to his Majefty, and efpecially by a ready Com-
pliance with the Requifitions of the Crown to bear their Part in the late War, which they
engaged to do with the more Alacrity, from a Confidence that the Royal Benignity
would never fuffer them to be deprived of their Freedom (that facred Birthright and
ineftimable Bleffing) fo they would be willing to contribute their Proportion of any
Expenfes neceffary for the Defence and Security of America, as far as Circumftances of
the People, already diftreffed with Taxes, would admit of, provided it were left to them-
felves to raife it, by Modes leaft grievous.
Refolved, That a Memorial be prepared to be laid before the Right Hon. the Lords
Spiritual and Temporal in Parliament affembled, intreating their Lordfhips, by a proper
and reafonable Interpofition and Exertion of their Power, not to fuffer the People of
this Colony to be enflaved or oppreffed by Laws refpedling their internal Polity, and
Taxes
93
94
95
[ 257 ]
96 Taxes impofed on them in a Manner that is vinconftitutional ; and declaring our Hopes
that the Prefervation of the Rights of any of his Majefty 's faithful Subjedls will be thought
by their Lordfhips as an Objecft worthy the Attention of thofe hereditary Guardians
and Protedlors of Britifh Liberty and Property, and efpecially as the Subverfion of thofe
Rights, in the Inftance of taxing the People of Virginia, at this Time, when they are
moft grievoufly burthened by the Expenfes of the late War, muft diminifh that Con-
fvmiption of Manufadtures fumifhed to them by their Mother Country, by which her
wealth is ver\' greatly augmented, and her Profperity continued.
Refolved, That a Memorial be prepared to be laid before the Honourable the Houfe
of Commons, to affert, with decent Freedom, the Rights and Liberties of the People of
this Colony as Britifh Subjedts, to remonftrate that Laws for their internal Government,
or Taxation, ought not to be impofed by any Power but what is delegated to their
Reprefentatives, chofen by themfelves, and to reprefent that the People are already
taxed, for feveral Years to come, £o heavily, for Expenfes incurred in the late War,
amoimting to near Half a Million, that an Increafe of that Burthen by the Parliament,
at this Time, would be not only a Violation of the moft facred and valuable Principle
97 of the Conftitution, but fuch an Oppreffion as would probably draw after it a Defolation
in many Parts of the Country, and muft divert thofe of the Inhabitants, who could not
remove from it, to manufadture what Articles they have hitherto been fuppHed with
from the Mother Coimtry, and confequently one grand Source of W^ealth and Profperity
will be f topped up.
Refolved, That the Committee appointed to correfpond with the Agent of this
Colony in Great Britain purfuant to an Adt of Affembly For appointing an agent, be
diredted to anfwer the Letter of the 25* of June laft from the Committee of the Houfe
of Reprefentatives of the Province of Maffachufetts Bay to the Honourable the Speaker
of the Houfe of Reprefentatives for the Province of Virginia, and to affure that Committe
that the Affembly of Virginia are highly fenlible of the very great Importance it is, as
well to the Colony of Virginia, as to America in general, that the Subjedts of Great
Britain in this Part of its Dominions fhould continue in Poffeflion of their ancient and
moft valuable Right of being taxed only by Confent of their Reprefentatives, and that
the Affembly here will omit no Meafures in their Power to prevent fuch effential Injury
from being done to the Rights and Liberties of the People.
98 Ordered, That a Committee be appointed to draw up the Addrefs, and Memorials,
in the faid Report mentioned; and it is referred to M"" Attorney, W Richard Henry Lee,
'W Landon Carter, M'' Wythe, M"' Edmund Pendleton, M"" Benjamin Harrifon, M"" Gary,
and M"" Fleming, to prepare and bring in the fame.
And the Houfe adjourned until To-morrow Morning 11 "'Glock.
99
I3^rs6aY. tb<^ I3t^ of 5tovember, 5 (Beo, III 1764,
A Petition of the Trviftees of the Town of Falmouth, in the Coimty of King George,
fetting forth that the main Street of the faid Town is at prefent 150 Feet wide,
which is more than neceffary, and that it would be a very conliderable Im-
provement to the faid Town if 50 feet in Breadth of the laid Street was laid
off into Lots, and they empowered to fell them, and lay out the Money in other
Improvements, agreeable to the Diredlions of the Adt for eftablifhing the faid Town;
and that Purchafers of Lots in the faid Town may be left at Liberty to build according to
their Circumftances and Convenience, without Reftraint; and that the Inhabitants
thereof may be prevented from building wooden Chimnies to their Houfes, and from
fiiff ering Hogs to nm at large therein ; and praying that an Adl may pais for that Pur-
pofe, was prefented to the Houfe and read.
Ordered
[ 258 ]
Ordered, That the faid Petition be referred to the Confideration of the Committee of
Propofitions and Grievances ; that they examine into the Allegations thereof and report
the fame with their Opinion thereon to the Houfe.
On a Motion made,
That it be an Inftruftion to the Committee to whom it is referred to bring in a Bill
For amending the Adl, entitled, An Ad ■ for amending the Staple of Tobacco, and preventing
Frauds in his Majefty's Ciiftoms, that they receive a Claufe or Claufes for repealing fo
much of the faid Adl as diredts a Review of Tobacco by Juftices of the Peace, after the
fame had been infpedled ; and the Queftion being thereupon put, the Houfe divided.
Ays go forth. Ays, counted by M'' Edmund Pendleton i6
Noes, counted by M"" Littlepage 33
It paffed in the Negative.
M"" Attorney, from the Committee of Propofitions and Grievances, reported that the
Committee had had under their Confideration divers Propofitions and Petitions from
feveral Counties to them referred, and had come to feveral Refolutions thereon ; which
he read in his Place, and then delivered in at the Table, where they were again twice
read, and agreed to by the Houfe, as follow: 100
Refolved, That the Petition of fundry Inhabitants of the County of Frederick, pray-
ing that the faid County may be divided into two diftincSt Counties, by a Line to be run
from Afhby's Gap, a ftraight Courfe, until it interfedls the H amp f hire Line, be rejected.
Refolved, That the feveral Petitions of fundry other Inhabitants of the faid Coimty,
in Oppofition of the faid Petition, are reafonable.
Refolved, That the Petition of fiindry Inhabitants of the County of Halifax, praying
that a Mill, built near the Mouth of Hyco River, and now belonging to one Howard
Hurft, as obftrudling the Paffage of Fifh up the faid River, may be difcontinued, be
rejected.
Refolved, That the Petition of fundry Inhabitants of the Counties of Hanover and
Caroline, praying that the Penalties inflicfted on Perfons fetting up Hedges and Stops in
Pamunkey River, may be made recoverable before a fmgle Juftice of the Peace, or fome
other Amendments made to the Laws relating thereto, is reafonable.
Refolved, That the Petition of fundry Inhabitants of the County of Elizabeth River,
praying that they may be allowed to build a Bridge over the fouth Branch of Back
River by Subfcription, be rejedled.
Refolved, That a Petition of fundry other Inhabitants of the faid County, in Oppo- 101
fition thereto, is reafonable.
Refolved, That the Petition of Henry Allen, praying that he may be allowed to
build a Bridge over the faid Branch of Back River at his own Expenfe, and to receive a
reafonable Toll from Perfons paffmg over the fame ; and alfo that one Acre of Land on
each Side of the faid Branch may be vefted in him, upon his paying the Proprietors the
Value thereof, is reafonable.
Refolved, That the Petition of fundry Inhabitants of the County of Hampfhire,
praying that the Reward for killing Wolves may be increafed, is reafonable.
Ordered, That the faid Committee do prepare and bring in a Bill, or Bills purfuant
to the 4'^'', 7*^, and S'*" Refolutions.
On a Motion made.
Ordered, That Leave be given to bring in a Bill For the Prefervation of Sheep, and
it is referred to M"" Benjamin Grymes to prepare and bring in the fame.
M'' Cary, from the Committee of Claims, reported that the Committee had had under
their Confideration feveral Petitions and Claims to them referred, and had come to
feveral Refolutions thereon ; which he read in his Place, and then delivered in at the 102
Table where they were again read, and agreed to by the Houfe, and are as follow:
Refolved, That the Allegations of the Petition of James Boyd are true, and that he
ought to be allowed the Sum of £6^^, for the Slave in his Petition mentioned.
Refolved
' Hening, VIII, p. 69,
103
[ 259 ]
Refolved, That John Dix ought to be allowed the Sum of ;£28.4.5, for the Lofs
fuftained on the Tobacco in his Petition mentioned.
Refolved, That Thomas Booth ought to be allowed the Sum oi£7,^. 2 . 8, charged in
his Accoimt, for the Bounty Money and Subfiftence of the three Recruits in his Petition
mentioned.
Refolved, That the Sum of ;^i5, charged in his Account for his Expenfesin the recruit-
ing Soldiers enlifted by him, be rejedled.
Refolved, That the fum of £ie,, for his Pay as a Lieutenant in the recruiting
Service, be reje(fted.
Refolved, That Dougal Campbell ought to be allowed the Sum of £^, for his prefent
ReHef, and the further Sum of £<-,, per Annum during his Life, as a Confideration for the
Wound he received in the Service.
Refolved, That William Blanton ought to be allowed the Sum of £15, in Confider-
ation of the Woimds he received in the Service, and to reimburfe him the Expenfe
attending his Cure.
Refolved, That Richard Bolton ought to be allowed the Sum of £^ for his prefent
Relief, and the further Sum of £<, per Annum during Life.
Refolved, That the Petition of John Creagh be reje(5ted, it not appearing to this
Committee that he ever was wounded or difabled in the Service of the Colony.
Ordered, That the Committee of Claims do make an Allowance in the Book of
Claims purfuant to the i^', 2*^, s^i^, 6*, 7*, 8*, and 9* Refolutions.
Ordered, That the faid Thomas Booth be allowed his Claim in the Settlement of his
Accounts with the Publick.
M'' Gary alfo reported that the Committee had had under their Confideration feveral
other Petitions and Claims to them referred, and had come to feveral Refolutions thereon ;
which he read in his Place, and then delivered in at the Table, where they were again
read, and are as follow:
Refolved, That it is the Opinion of this Committee that Francis Jackfon ought to
be allowed the Sum of £^0 for his prefent Relief, and the further Sum of ;^5 per Annum
during his Life, as a Recompenie for the Woimds he received in the Service of the Coun-
try.
104 Refolved, That it is the Opinion of this Committee that William Man ought to be
allowed the Sum of £2,0 for his prefent Relief, and the further Sum of £10 per Annum
during his Life, as a Recompenfe for the Wounds he received in the Service of the
Country.
Refolved, That it is the Opinion of this Committee that Robert Arniftrong ought to
be allowed the Sum of £^0, as a Recompenfe for the Wounds he received in the Service
of the Country.
Refolved, That it is the Opinion of this Committee that Edward Carvin ought to be
allowed the Sum of ;^5, for the Gun in his Petition mentioned.
Refolved, That it is the Opinion of this Committee that John Terrier ought to be
allowed the Sum oi £20, as a Recompenfe for the Damages he fuftained by the Virginia
Regiment.
Refolved, That it is the Opinion of this Committee that Robert Brackenridge ought
to be allowed for the Pay of three Men omitted in his Pay Roll, to wit, Samuel Meredith
£3.1, Robert Kirkum and Jofeph Bates 145. each, it appearing to this Committee that
they never received any Pay from the Publick, though in ad;ual Service.
On confidering the Petition of John Afhworth, it appeared to your Committee that
the Account for Waggonage in his Petition mentioned was reje(5ted by your Committee .
at a former Seffion of Affembly, it then and now appearing that fundry Goods, to
the Value of the Waggonage, were ftolen out of the faid Waggon, and never delivered to
the Officer appointed to receive them.
Refolved, That it is the Opinion of this Committee that the faid Petition be rejedted.
On
105
[ 26o ]
On confidering the Petition of John M'Nelly, Armorer in the laft Virginia Regiment,
it appeared to your Committee that the Petitioner hath already received the Sum of ;^5
from the Quartermafter, in Part of his Claim.
Refolved, That it is the Opinion of this Committee that he ought to be allowed the
Sum of £2) by the PubUck, in full Satiffadlion for his faid Claim.
The fix firft Refolutions being read a fecond Time, and the Queftion put that the
Houfe agree thereto,
Refolved in the Affirmative.
The two laft Refolutions being alfo read a fecond Time, and the Queftion put that
the Houfe agree thereto,
It paffed in the Negative.
And on a Motion made.
Ordered, That the faid Refolutions be recommitted to the faid Committee.
Ordered, That the Committee of Claims do make the Allowances in the Book of
Claims, purfuant to the 6 firft Refolutions.
And then the Houfe adjourned until To-morrow Morning ii "'Clock.
lfx\b(X2. t^e I6t^ of 5tovember, 5 <5eo. Ill 1764»
MR Landon Carter prefented to the Houfe, according to Order, a Bill For vef ting
the abfolute Property of certain Slaves therein named in George Heal, and
for fettling a certain Tradt of Land therein mentioned on the faid George
Heal in Lieu of the laid Slaves ; and the fame was read the firft Time, and
ordered to be read a fecond Time.
A Petition of Michcel Teibolt, praying to be allowed for a Hprfe impreffed into the
Service of this Colony by Capt. Afhhy, in the Year 1759, for which he hath not received
any Satiffadlion.
Alfo a Claim of Abel Farrar, a Lieutenant in the new Recruits, for his Pay for 139
Days at 55. a Day, amounting to ;£34. 15, and praying he may be allowed the fame by
the Pubhck; were prefented to the Houfe and received.
Ordered, That the faid Claims be referred to the Confideration of the Committee of
Claims ; that they examine into the Allegations thereof, and report the fame with their
opinion thereon, to the Houfe.
M'' Archibald Gary, from the Perfons appointed, prefented to the Houfe, according
to Order, a Bill To prevent Perfons driving dif tempered Cattle from North Carolina,
and other Places, into this Colony, and the fame was read the firft Time, and ordered to
be read a fecond Time.
A Petition of Thomas Mann Randolph, fetting forth that fome Time ago he dif-
pofed of a Parcel of Land, of about 1500 Acres, in the County of King William, to Carter
Braxton, Efq; fince which he hath dif covered that the faid Land is entailed on him by
the Will of [Ralph Wonneley] ■ deceafed ;and that he is difirous the faid Title fhould be
fecured and confirmed to Carter Braxton in Fee, and is willing to fettle Acres
of Fee Simple Land, of great Value, in the County of Amherft, in Lieu of the faid entailed
Lands; and that he hath publifhed the Notice required by his Majefty's Royal In-
ftructions in fuch Cafes; and praying that an Adl may pafs for that Purpofe, was pre-
fented to the Houfe and read.
Ordered, That a Bill be brought in agreeable to the Prayer of the faid Petitioner,
and it is referred to M'' James Little page to prepare and bring in the fame.
M"" Attorney, from the Committee of Propofitions and Grievances, prefented to the
Houfe, according to Order, a Bill For increafing the Reward given for kilHng Wolves,
and the fame was read the firft Time, and ordered to be read a fecond Time.
W Attorney alfo reported that the faid Committee had had imder their Confidera-
tion two Petitions to them referred, and had come to two Refolutions thereon ; which
he
t Hening, VIII, p. 161.
106
107
108
[ 26l ]
he read in his Place, and then delivered in at the Table, where they were again twice
read, and agreed to, as follow:
Refolved, That the Petition of fxindry Inhabitants on the eaft Side of Hampton River
in the County of Elizabeth City, praying that the Ferry from Hampton over the faid
River, to the eaft Side thereof, may be made a County Charge, is reafonable.
Refolved, That the Petition of William Frafer, praying that the publick Landing
Place from the Ferry which he now keeps, over Mattapony River, may be eftablifhed
at a Catifey he has lately raifed through a Marfh on the oppofie Side, is reafonable.
Ordered, That the Committee of Propofitions do prepare and bring in a Bill or Bills
purfuant to the faid Refolutions.
A Petition of John Gregg, fetting forth that his Father John Gregg, late of the County
of Prince William, died in or about the Year 1742, poffeffed of feveral Trails of Land
109 and Slaves; one Tradt of the fame be devifed to him in Taille, containing upwards of
2000 Acres lying in Fairfax County, on Occoquan River; another Tradt he devifed to
his fecond and laft Son, Matthew Gregg; a third Tradt he left for the Ufe and Benefit
of his Relidl, Mrs. Elizabeth Gregg, the Petitioner's Mother, for her better Support dur-
ing Life ; the Reft of his Eftate, real and perfonal, he left to be fold to pay his Debts,
which, by bad Management, was, with the Slaves, infufficient to pay the Debts, educate
and clothe the Children ; the entailed Lands being barren, poor, and unfit for Cultiva-
tion, became very burthenfome, by Reafon of a long Arrearage of Quitrents and Taxes,
which he is altogether unable to pay, having no immediate Means to raife fo large a Sum,
whereby it is liable to be re-entered and vefted again in the Lord Proprietor of the
Northern Neck ; and he begs Leave to reprefent to this Honourable Houfe that he was
bound in his Minority to the Sea; where he ferved in his Majefty's Navy at the fev-
eral Sieges of Martinico Grenada, and the Havannah, &c. and being returned to his native
Covmtry, having no Slaves to cultivate the faid entailed Lands (if it was fertile and fit
for Cultivation) finds it impoffible to fumifh himfelf with the Neceffaries of Life, and
lay the Foundation of a comfortable Living, according to the true Intent of the Tef-
110 tator his Father, and altogether deprived of the Power of felHng the faid Lands for any
valuable Confideration, whereby he could raife Money to buy Slaves, and other Lands
fitter for Cultivation; and praying this Honourable Houfe will take the Matter into
their ferious Confideration, and grant that a Law may pafs to dock the Entail of the
faid Lands devifed to him in Taille as aforefaid, was prefented to the Houfe and read.
Ordered, That a Bill be brought in agreeable to the Prayer of the faid Petition, and
it is referred to M"" Edmund Pendleton to prepare and bring in the fame.
On a Motion made,
Ordered, That Leave be given to bring in a Bill To amend the Adt for the better
Government of Servants and Slaves ; and it is referred to M'' Gary, and M'' Charles Carter
of King George, to prepare and bring in the fame.
On a Motion made.
Ordered, That Leave be given to bring in a Bill Diredting the Trial of Slaves com-
mitting capital Crimes, and for the more effedtual punifhing Conf piracies and Infurredtions
of them, and for the better Government of Negroes, Mulattoes, and Indians, bond
and free, and it is referred to M"" Attorney to prepare and bring in the fame,
jjj An Account of James Rentfro, for Provifions and other Neceffaries fumifhed the
Militia ordered out into adlual Service by Command of his Honour the Govemour, and
praying to be allowed for the fame by the Publick, was prefented to the Houfe and read.
Ordered, That the faid Account be referred to the Confideration of the Committee
of Claims; that they examine into the Allegations thereof, and report the fame, with
their Opinion thereon, to the Houfe.
A Petition of Jofeph Rentfro, praying to be allowed for a Horfe impreffed by Capt.
John Blagg to carry on Exprefs from Blackwater Fort to Frederickfburg, for his
Majefty's Sei^ice, which was never retunied him, and for which he hath not received any
Satiffadtion, was prefented to the Houfe and read.
Ordered
[ 262 ]
Ordered, That the faid Petition be referred to the Confideration of the Committee
of Claims; that they examine into the Allegations thereof, and report the fame with
their Opinion thereon, to the Houfe.
M"" Archibald Cary, from the Committee of Claims, reported that the faid Com-
mittee had had under their Confideration feveral Claims and Petitions to them referred,
and had come to feveral Refolutions thereon ; which he read in his Place, and then de-
livered in at the Table, where they were again twice read, and agreed to by the Houfe,
as follow:
Refolved, That the Allegations of the Petition of Charles Carter are true, and that 112
he ought to be allowed the Sum of £4$ for the Wood, and the Rent of the Houfes, for
the Ufe of the Virginia Regiment, in his Petition mentioned.
Refolved, That James Hughes ought to be allowed the Sum of ;£io. 9. 8 Halfpenny
to reimburfe him for the Judgment and Cofts obtained againft him for impreffing the
Horfes in his Petition mentioned.
Refolved, That John Crawford ought to be allowed the Sum of £S for the Damage
done on his Plantation by the Troops in the Service of the Colony.
On confidering a Report of the Commiffioners appointed by Adt of Affembly to
examine, ftate, and fettle the Accounts of the Pay, Provifions, Arms, and Neceffaries
for the Militia of the Counties of Hampfhire, Frederick, Culpeper, Prince William, Lou-
doun, and Fauquier.
Refolved, That the refpedlive Claims of William Ruffel, Richard Yancey, Mofes
Green, and William Hughes, in the faid Commiffioners Report mentioned, be reje(fted.
Refolved, That the Adminif tratrix of William Staunton, deceafed, ought to be allowed
the Sum oi £10 for the Damage done the Horf e in the faid Commiffioners Report mentioned .
M'' Cary alfo reported that the faid Committee had had imder their further Con-
fideration the Petitions of John Afhworth and John M' Nelly to them re-committed, ^^^
and had come to two Refolutions thereon, which he read in his Place, and then deliv-
ered in at the Table, where they were again twice read, and agreed to, as follow:
Refolved,T\\2itt\\&i&\6. John Afhworthoughtlo be allowed the Sum of ;^32. 5. 6for
Waggonage and finding his Horfes, agreeable to the Account in his Petition mentioned.
Refolved, That the faid John M' Nelly ought to be allowed the Sum of ;£i5. 9. 9 for
repairing the Arms of the Virginia Regiment.
A Claim of John M'Clanahan,ioT feveral Tools which were taken from him for the
Ufe of Fort Maddifon, by the Commanding Officer of the faid Fort, and never returned
him, appraifed to ;£3. 17. 6, which Sum he hath never received, or any Part thereof, and
praying to be allowed the fame by the Publick, was prefented to the Houfe.
Ordered, That the faid Claim be referred to the Confideration of the Committee of
Claims ; that they examine into the Allegations thereof, and report the fame, with their
Opinion thereon, to the Houfe.
On a Motion made.
Ordered, That Leave be given to bring in a Bill To prevent the Pradtice of felling
Perfons for Slaves that are not fo ; and it is referred to M'' Grymes, and M"" Richard Henry
Lee, to prepare and bring in the fame.
And then the Houfe adjourned until To-morrow Morning 11 "'Clock.
5atur6a^. t^e I7t^ of >lov(tmber, 5 (5eo, III 1764.
A Bill For further continuing the A(5t for reducing the several Adts for making
provifions againft Invafions and Infurredtions into one Adt.
* Alfo a Bill For further continuing an Adt, entitled. An Ad^ for reducing
the feveral Ads made for laying a Duty on Liquors into one Ad, were read the
fecond Time.
Ordered, That the faid Bills be engroffed, and read a third Time.
A
« Hening, VII, p. io6.
[ 263 ]
A Bill To prevent Perfons driving diftempered Cattle from North Carolina, and
other Places, into this Colony, was read a fecond Time, and committed to a Committee
of the whole Hotife on Tuefday next.
Alfa a Bill For vefting the abfolute Property of certain Slaves therein named in
George Heal, Gentleman, and for fettling a certain Tra(ft of Land therein mentioned on
the faid George Heal in Lieu of the faid Slaves, was read a fecond Time, and committed
to M'' London Carter, M' Benjamin Harrifon, M.^ Gary, and the Members of Lancafter,
and Fauquier.
115 On a Motion made.
Ordered, That it be an Inftrucftion to the Committee of Claims to levy on the Inhabi-
tants of Albemarle Coimty, for the Ufe of Amherft and Buckingham, their juft Propor-
tion of 6027 lbs. of Tobacco, which the faid County of Albemarle had Credit for in the
publick Levy in 1761.
And then the Hoiife adjourned until Monday Morning 11 "'Clock.
5tlon6a^, t^e I9tl) of 5lovember. 5 (5eo. Ill 1764,
AN engroffed Bill, entitled. An Ad^ for further continuing the Ad for reducing the
feveral Ads for making Provifions again ft hwaflons and Infurredions into one
Ad, was read a third Time, and the Blanks therein filled up.
Refolved, That the faid Bill do pafs.
Ordered, That M'' Attorney do carry up the faid Bill to the Council for their Con-
currence.
An engroffed Bill, entitled. An Ad^ for further continuing An Ad, entitled. An Ad
for reducing the feveral Ads made for laying a Duty on Liquors into one Ad, was read the
third Time, and the Blanks therein filled up.
Refolved, That the faid Bill do pafs.
116 Ordered, That IM'' Benjamin Harrifon do carry up the faid Bill to the Council for
their Concurrence.
M"' Attorney, from the Committee of Propofitions and Grievances, reported that the
faid Committee had had imder their Confideration a Petition of fundry Inhabitants of
the County of Amelia to them referred, and had come to two Refolutions thereon, which
he read in his Place, and then delivered in at the Table, where they were again twice
read, and agreed to by the Hoiife, as follow:
Refolved, That that Part of the faid Petition, praying that the Infpe<5tors at the
publick Warehoufes may be obliged to keep a fufficient Number of Hands to open and
fecure all the Tobacco brought to the Warehoufes, is reafonable.
Refolved, That the Refidue of the faid Petition, praying that the Infpedlors may be
fwom to afcertain in their Crop Books and Notes the Quality of the Tobacco they pafs,
be rejedted.
Ordered, That it be an Inftrudlion to the faid Committee, to whom it is referred to
bring in a Bill, For amending and further continuing the feveral Adtsof Affemblyof this
Colony for amending the Staple of Tobacco, and preventing Frauds in his Majefty's
Cuftoms, that they receive a Claufe, or Claiifes, purfuant to the firft Refolution.
117 A Petition of John M'Neill, praying to be allowed the Pay of a Captain from the
25*^^ Day of Auguft 1755, until the 17"^ Day of Odober 1757, amounting to £igs. lOj
was prefented to the Houfe and read ; and the Queftion being put that the faid Petition
be referred to the Confideration of a Committee,
It paffed in the Negative. ■ ' -. .
Refolved, That the faid Petition be rejecfted.
A
' Heni ng, VIII, p. 37. ' Ibid., VIII, p. 38.
[ 264 ]
A Petition of William Fuqua, praying to be allowed for 38 Days Pay as a Soldier
under the Command of Major David Lewis on the Frontiers, in the year 1756, was
prefented to the Houfe and read.
Ordered, That the faid Petition be referred to the Confideration of the Committee
of Claims; that they examine into the Allegations thereof, and report the fame, with
their Opinion thereon, to the Houfe.
And then the Houfe adjourned until To-morrow Morning 11 "'Clock.
I3ue55aY, tt)(i 20t^ of ^lovember, 5 <Beo. III. 1764.
A Petition of John Agnew, Redlor of the Parifh of Suffolk, in the County of Nanfe-
mond, fetting forth that the faid Parifh is fituated on both Sides of Nanfe-
mond River, over which there is a Ferry, fettled by Law at is. ^d. a Man and
Horfe, which Expenfe, he is obliged to fuftain whenever the Parifh requires
his Attendance on the other Side, which is grievous and burthenfome ; and praying
that the faid Ferry may be made free on Sundays for all the Parifhoners of the faid
Parifh, and for the Minifter at all Times when attending the Duty of the faid Parifh,
and that an A(5l may pafs for that purpofe, was prefented to the Houfe and read.
Ordered, That the faid Petition be referred to the Confideration of the Committee
of Propofitions and Grievances ; that they examine into the Allegations thereof, and
report the fame, with their Opinion thereon, to the Houfe.
A Petition of divers Inhabitants of the County of Prince George, and the adjacent
Coimties, praying that the Warehoufes for the Infpe(ftion of Tobacco at Hood's and
Jordan's (which being found inconveniently fituated) be dif continued, and a Warehoufe
eftablifhed in Lieu thereof on the Land of George Noble, on the lower Side of Powell's
Creek, in the County of Prince George, and that an Adt may pafs for that Purpofe.
Alfo two Petitions of fundry Merchants in Oppofition thereto, were feverally
prefented to the Houfe and read.
Ordered, That the faid Petitions do lie on the Table.
A Petition of Nathaniel Harrifon, Jun. fetting forth that his Grandfather by his laft
Will and Teftament, bearing the Date of the 15* of December 1726, did devife to his
Father Benjamin Harrifon a Tradt of Land called Wakefield, lying in the Coimty of
Surry, and another Tradl of Land called Jofeph's Swamp, then in the County of Surry,
but now in the County of Suffex, in Taille Male, and feveral Tradts of Land in Fee Sim-
ple, together with a great Number of Slaves, and perfonal Eftate, all of which have been
fold to pay his faid Father's Debts; and the faid entailed Lands, for Want of Slaves,
yield him no Profit, but are on the contrary a Charge and Encumbrance to him ; and
praying that an Adl may pafs to dock the Entail of the faid Tradt of Land called Jofeph's
Swamp, and the Money arifing therefrom may be laid out in the Purchafe of Slaves,
to be fettled on the Wakefield Land, to defcend to the fame Ufes; and that he had given
Notice thereof according to his Majefty's Inftrudlions, was prefented to the Houfe and
read.
Ordered, That a Bill be brought in agreeable to the Prayer of the faid Petition, and
it is referred to M'' Attorney to prepare and bring in the fame.
Ordered, That M'' Richard Bland be added to the Committee appointed to addrefs
his Majefty, and the Lords and Commons of Great Britain, on the State of the Colony.
The Order of the Day being read for the Houfe to refolve itfelf into a Committee on
the Bill For preventing Perfons driving dif tempered Cattle from North Carolina, and
other Places, into this Colony.
Refolved, That this Houfe will refolve itfelf into a Committee on the faid Bill on
Thurfday next.
A Petition of John Cabbell, praying that a Ferry may be eftablifhed over the
Fluvannah River, from his Land in the County of Amherft to the oppofite Shore in the
Coimty of Buckingham, was prefented to the Houfe and read.
Ordered
118
lit
120
[ 265 ]
Ordered, That the faid Petition be referred to the Confideration of the Committee
of Propofitions and Grievances; that they examine into the Allegations thereof, and
report the fame, with their Opinion thereon, to the Houfe.
Ordered, That M"' Richard Bland, Junior, be added to the Committee of Propofitions,
and M"" Ifaac Row Walton to the Committee of Claims.
M'' Attorney, from the Committee of Propofitions, prefented to the Houfe, accord-
ing to Order, a Bill For amending and further continuing the feveral Adts of Affembly
of this Colony for amending the Staple of Tobacco and preventing Frauds in his Majefty 's
121 Cuftoms ; and the faid Bill was read the firft Time, and ordered to be read a fecond Time.
M'' Gary prefented to the Houfe according to Order, a Bill To amend the Adt for the
better Government of Servants and Slaves, and the faid Bill was read the firft Time, and
ordered to be read a fecond Time. And
On a Amotion made.
The Bill For amending and further continuing the feveral Adts of Affembly of this
Colony for amending the Staple of Tobacco, and preventing Frauds in his Majefty's
Cuftoms, was read a fecond Time, and committed to a Committee of the whole Houfe.
Refolved, That this Houfe will refolve itfelf into a Committee on the faid Bill
To-morrow.
And then the Houfe adjourned until To-morrow Morning ii "'Clock.
122
123
>iP(i6rte56aY» t^e 2lst of 5lov(intber» 5 (Beo. Ill 1764.
ON a Motion made.
Ordered, That Leave be given to bring in a Bill To oblige the Parifh of
Cumberland to refund to the Parifh of Antrim their Proportion of the Money
levied for building 4 Churches in the faid Parifh of Cumberland before the
Divifion thereof, and it is referred to M"" Terry and M"" Reed to prepare and bring in the
fame.
A Petition of Jethro Summer, praying to be allowed for a Horfe impreifed into the
Service of this Colony by Order of Col. Stephen in the Year 1757, and never returned
to him, nor any Satiffadlion made him, was prefented to the Houfe and read.
Ordered, That the faid Petition be referred to the Confideration of the Committee
of Claims; that they examine into the Allegations thereof, and report the fame, with
their Opinion thereon, to the Houfe.
The Order of the Day being read for the Houfe to refolve itfelf into a Committee on
the Bill For amending and further continuing the feveral Adts of Affembly of this
Colony for amending the Staple of Tobacco, and preventing Frauds in his Majefty's
Cuftoms.
Refolved, That the Houfe will refolve itfelf into the faid Committee immediately.
Ordered, That the feveral Petitions from fundry Counties relative thereto, and
ordered to lie on the Table, be referred to the Confideration of the faid Committee.
And then the Houfe refolved itfelf into a Committee on the faid Bill; and after
fome Time fpent therein, M"' Speaker refumed the Chair, and M"' Attorney reported that
the Committee had had the faid Bill imder their Confideration, but not having Time
to go through the fame, they had diredted him to move for Leave to fit again.
Refolved, That this Houfe will again refolve itfelf into the faid Committee on
Tuefday next.
On a Motion made.
Ordered, That M"" John Clack do pay unto M"" Ifaac Row Walton his Expenfes occa-
fioned by his Petition, praying that the faid Walton's Eledlion might be fet afide; and
it is referred to the Committee of Claims to fettle the fame.
A Petition of Matthew Dowrant, praying to be allowed fome Conpenfation for the
Woimds he received in the Service of this Colony ; which have reduced himfelf , his Wife,
and his 3 Children, to Want and Mifery, was prefented to the Houfe and read.
Ordered
[ 266 ]
Ordered, That the faid Petition be referred to the Confideration of the Committee
of Claims ; that they examine into the Allegations thereof, and report the fame, with
their Opinion thereon, to the Houfe.
M"" Attorney, from the Committee of Propofitions and Grievances, reported that the
faid Committee had had under their Confideration the Petitions of the Rev. John Agnew
and M'' John Cabbell to them referred, and had come to two Refolutions thereon ; which
he read in his Place, and then delivered in at the Table, where they were again twice
read, and agreed to by the Hotife, as follow:
Refolved, That the Petition of the Reverend John Agnew Redlor of Suffolk Parifh, jj^
in the County of Nanfemond, praying that he may be allowed to pafs over the Ferry
at Sleepy Hole, when attending the Duties of his Fundlion, Ferry free, and that all the
other Parifhioners may be aKo Ferry free on Sunday's, is reafonable.
Refolved, That the Petition of John Cabbell, praying that a Ferry may be eftab-
lifhed acrofs the Fluvannah at or near Bowman's Warehoufe, in the County of Amherft,
to his Land oppofite thereto, in the County of Buckingham, is reafonable.
Ordered, That the faid Committee do prepare and bring in a Bill, or Bills, purfuant
to the faid Refolutions.
A Petition of divers Inhabitants of the County of Lunenburg, fetting forth that the
Paffage of Fifh up the River of Little Roanoke is greatly obftrudted by Means of Dams,
Stops, and Hedges, being eredted therein, near the Mouth thereof, to the Detriment of
the faid Petitioners, and other Inhabitants of the faid County bordering on the faid
River ; and praying that an Adl may pafs to reftrain fuch Practices for the future, was
prefented to the Houfe and read.
Ordered, That the faid Petition be referred to the Confideration of the Committee
of Propofitions and Grievances; that they examine into the Allegations thereof, and
report the fame, with their Opinion thereon, to the Houfe.
M'' Attorney, from the Committee of Propofitions and Grievances, prefented to the 125
Houfe, according to Order, a Bill For eftablifliing the Landing Place from Frafier's
Ferry at the Caufey oppofite thereto ; and the faid Bill was read the firft Time, and
ordered to be read a fecond Time.
A Petition of James Bryant, praying to be allowed for the Damages done to his Plan-
tation by the Troops of this Colony in the Year 1760, who encamped there.
Alfo a Petition of John Donnelly, praying to be allowed by the Publick for a Horfe
taken from him by fome of the Cherokee Indians that came to the Affiftance of this
Colony in the Year 1758, appraifed to £10, and which was never returned to him, nor
any Satif faction made him, were feverally prefented to the Houfe and read.
Ordered, That the faid Petitions be referred to the Confideration of the Committee
of Claims; that they examine into the Allegations thereof, and report the fame, with
their Opinion thereon, to the Houfe.
M'' Attorney prefented to the Houfe, according to Order, a Bill To dock the Entail
of [1800] ■ Acres of Land, in the Parifh of Albemarle and County of Siiffex, whereof
Nathaniel Harrifon the Younger is feized in Fee Taille, and for vefting the fame in Truf-
tees in Fee Simple for the Ufes therein mentioned ; and the faid Bill was read the firft 126
Time, and ordered to be read a fecond Time.
A Petition of fundry Inhabitants of the County of King William, fetting forth that
there are five Infpedlions for Tobacco in the faid County, which by Experience are
foimd expenfive and unneceffary ; and praying that two or more of the faid Infpedlions
may be dif continued, or fuch other Meafures taken as this Honourable Houfe fhall
adjudge reafonable, was prefented to the Houfe and read.
Ordered, That the faid Petition do lie on the Table.
M"" Cary, from the Committee of Claims, reported that the faid Committee had had
tmder their Confideration the feveral Matters to them referred, and had come to feveral
Refolutions thereon; which he read in his Place, and then delivered in at the Table,
where they were again twice read, and agreed to by the Houfe, as follow:
Refolved
■ Hening, VIII, p. 66.
[ 267 ]
Refolved, That Jofeph Rentfro ought to be allowed the Sum of £j for the Horfe in
his Petition mentioned.
Refolved, That Michwl Teibolt ought to be allowed the Sum of ;;^io for the Horfe
in his Petition mentioned.
Refolved, That John Armftrong and Lanty Armftrong ought to be allowed the Simi
of £30 each for their Pay in the Service of the Colony.
127 Refolved, That William Fuqiia ought to be allowed the Sum oi £1. 18 for his Pay
in the Service of the Colony.
On confidering the Petition of John Craig, it appears to your Committee that there
is now due to the Eftate of Lieutenant John Hamilton, deceafed, in his Petition men-
tioned, the Simi of £2^. 12 for his Pay in the Service of the Colony.
Refolved, That the faid Sum oi £2^. 12 ought to be paid to the Adminiftrator of the
faid John Hamilton, deceafed, by the Publick.
Refolved, That the Petition of the faid, John Craig be rejected, it not appearing to
this Committee that he ever adminiftered on the Eftate of the faid John Hamilton,
deceafed.
And then the Houfe adjourned until To-morrow Morning 11 "'Clock.
130
B^ur56aY. tl)e 22n6 of 5tovamber. 5 ^ao. Ill 1764.
A Petition of John Dixon, Clerk, praying that a Part of his Land may be added
to, and laid off together with the Land intended to be laid off by the Truftees
of the Town of Falmouth into Lots, for the Benefit of the Publick, was pre-
fented to the Houfe and read.
Ordered, That the faid Petition be referred to the Confideration of the Committee
of Propofitions and Grievances ; that they examine into the Allegations thereof, and
report the fame, with their Opinion thereon, to the Houfe.
M'' Attorney, from the Committee of Propofitions and Grievances, prefented to the
Houfe, according to Order, a Bill For amending and declaring the Law concerning the
Efcape of Debtors out of the Prifon Rules, and for other Purpofes therein mentioned ;
and the faid Bill was read the firft Time, and ordered to be read a fecond Time.
M'' Attorney aKo reported that the Committee had had under their Confideration
two Petitions to them referred, and had come to two Refolutions thereon ; which he
read in his Place, and then delivered in at the Table, where the fame were again twice
read, and agreed to by the Houfe, as follow:
Refolved, That the Petition of Archibald Ritchie, of the Town of Tappahannock,
and fundry other Inhabitants of the faid Town, and the Coimties adjacent thereto,
praying that the Ferry from the faid Town to Naylor's Hole, and Carter's Landing, may
dif continued, and that a new Ferry may be eftablifhed from the Land of the faid Archi-
bald Ritchie, in the faid Town, to the Land of Moore Fauntleroy, in the Coimty of Rich-
mond, is reafonable.
131 Refolved, That the Petition of the Truftees of the Town of Falmouth, in the County
of King George, praying that they may be permitted to lay off 50 Feet in Width of
King's Street in the faid Town into Lots, and to fell them, and lay out the Money as they
fhall think proper for the Improvement of the faid Town ; alfo that the Purchafers of
Lots therein may not be fubjedl to a Forfeiture of their Lots for not building thereon in
a limited Time ; and that the Inhabitants thereof may be reftrained from building wooden
Chimnies to their Houfes, or fuffering their Hogs to run at large in the faid Town, is
reafonable.
Ordered, That the Committee of Propofitions do prepare and bring in a Bill, or Bills,
purfuant to the faid Refolutions.
Two Petitions of divers Inhabitants of the lower End of Augufta Coimty, praying
that a Road through Swift Run, over the Mountains, may be eftabUfhed, and that the
Juftices
[ 268 ]
Juftices of the County be enabled to levy a Sum of Money on the Inhabitants thereof
fufficient for that Purpofe, were prefented to the Houfe and read.
Ordered, That the faid Petitions be referred to the Confideration of the Committee
of Propofitions and Grievances; that they examine into the Allegations thereof, and
report the fame, with their Opinion thereon, to the Houfe.
The Order of the Day being read for the Houfe to refolve itfelf into a Committee
on the Bill To prevent Perfons driving diftempered Cattle from North Carolina, and
other Places, into this Colony.
The Hotife immediately refolved itfelf into a Committee on the faid Bill ; and after
fome Time fpent therein, M'' Speaker refumed the Chair, and M"" Attorney reported that
the Committee had had the faid Bill imder their Confideration, and made feveral Amend-
ments thereto, but not having Time to go through the fame, they had diredled him to
move for Leave to fit again.
Refolved, That this Houfe will again refolve itfelf into a Committee on the faid Bill
To-morrow.
A Bill To dock the Entail of [i8oo]' Acres of Land in the Parifh of Albemarle and
County of Siiffex, whereof Nathaniel Harrifon the Younger is feized in Fee Taille, and
for vefting the fame in Truftees in Fee Simple for the Ufes therein mentioned, was read
a fecond Time, and committed to M'' Attorney, and the Members of Surry and Suffex.
M'' Gary, from the Committee of Claims, reported that the Committee had had under
their Confideration fundry Petitions to them referred, and had come to feveral Refolu-
tions thereon ; which he read in his Place ; and then delivered in at the Table, where
they were again twice read, and agreed to by the Houfe, as follow: i33
Refolved, That Lieutenant Jethro Summer ought to be allowed the Sum of £g for
the Horfe in his Petition mentioned.
Refolved, That John Donnelly ought to be allowed the Sum of ;i£io for the Horfe
in his Petition mentioned.
Refolved, That James Bryant ought to be allowed the Sum of £g. lo for the Damages
done on his Plantation by the Troops of this Colony.
Refolved, That the Petition of Matthew Dowrant be rejected.
And then the Houfe adjourned until To-morrow Morning ii "'Clock.
IfxXba^. t^e 23r6 of 5lovember. 5 (Beo. Ill 1764.
AReprefentation of divers Freeholders and Inhabitants of the County of Eliza-
beth City, in Oppolition to a Petition of Henry Allen, to eredt a Bridge and Mill
over the Branch of the Back River called Back River Creek, and for other Pur-
pofes therein mentioned ; and praying the faid Petition may be rejedled, as in-
jurious to them, was prefented to the Houfe and read.
Ordered, That the faid Reprefentation do lie on the Table.
On a Motion made,
Ordered, That Leave be given to bring in a Bill For the Relief of Parifhes from fuch
Charges as may arife from Baftard Children bom within the fame, and it is referred to
M"' Bland to prepare and bring in the fame.
A Petition of John Dixon, Clerk, praying that the Ferry from his Land, adjacent to
Falmouth Wharf, over the River, to the Land of Francis Thornton, in the County of
Spotfylvania, may be eftablifhed, and that an Adl may pafs for that Purpofe, was
prefented to the Houfe and read.
Ordered, That the faid Petition be referred to the Confideration of the Committee
of Propofitions and Grievances; that they examine into the Allegations thereof, and
report the fame, with their Opinion thereon, to the Houfe.
A Petition of William Cary, fetting forth that he is feized as Tenant in Fee Taille,
under the Will of his Grandfather William Cary, deceafed, of 360 Acres of Land in the
Covmty of Warwick: That he has lived on the faid Land for many Years paft without
Slaves
■ Hening, VIII, p. 66.
134
[ 269 ]
Slaves to cultivate it, whereby he is greatly injured ; and that it would be greatly to the
Advantage of himfelf, and the Heir in Taille, if he was permitted to fell the faid Land,
and lay out Part of the Money arifmg from the Sale thereof in the Purchafe of other
135 Lands and Slaves, to be fettled to the fame Ufes : That he hath lately contracted with
one Allen Jones to fell the faid Lands to him for a conliderable Stun, if he could obtain
an A<5t to enable him fo to do ; and praying that an A<5t may pafs for that Purpofe,
was prefented to the Houfe and read.
Ordered, That a Bill be brought in agreeable to the Prayer of the faid Petition, and
it is referred to M'' Smith to prepare and bring in the fame.
The Order of the Day being read for the Houfe to refolve itfelf into a Committee
to take into their further Conlideration the Bill To prevent Perfons driving diftempered
Cattle from North Carolina, and other Places, into this Colony.
Refolved, That this Houfe will refolve itfelf into the faid Committee on Monday next.
And then the Houfe adjourned until Monday Morning ii "'Clock.
5tloit6a^. t^e 26t^ of 5lovember, 5 (5eo. III. 1764.
Two new Members returned on new Writs, having taken the Oaths appointed to
be taken by A<5t of Parliament inftead of the Oaths of Allegiance and Supre-
macy and fubfcribed the Oath of Abjuration, and alfo repeated and fubfcribed
the Teft, took their Seats in the Houfe.
136 Ordered, That M"" Thomas Johnfon, W William Johnfon, and M"" Proffer, be added
to the Committee of Claims, and M'' Champe, to the Committee of Propofitions and
Grievances.
M"" Bland, from the Committee of Privileges and Eledlions, reported that the faid
Committee had had imder their further Conlideration the Petition of M"" Nathaniel
Weft Dandridge to them referred, complaining of an imdue Ele(5lion and Return of M""
James Littlepage to ferve as a Burgefs in this prefent General Affembly for the Coimty
of Hanover, and had examined feveral Witneffes, and fully heard as well the Petitioner
as the fitting Member by their Coimfel, and had agreed upon a Report, and come to a
Refolution thereon; which he read in his Place, and then delivered in at the Table,
where it was again twice read, and agreed to, as follows:
Your Committee beg Leave to inform the Houfe that it appears to them, from the
Teftimony of one Harry Tompkins, a Freeholder of the faid County that foon after
M' Dandridge had accepted of a Coroner's Commiffion, the fetttng Member having
declared himfelf a Candidate for the faid County, wrote a Letter diredled to Mefs. Burn-
ley, Starke, and Cock, Freeholders of the faid County ; that the faid Letter was fent to a
Church in the faid County, where thofe Gentlemen were, together with the Deponent ;
137 that the Deponent was defired to read the faid Letter, the Purport of which was (to the
beft of his Remembrance) " That he, the fitting Member, was that Day gone to the lower
Meeting Houfe of the Diffenters, to know their Sentiments whether they would fubmit
to the damned Tobacco Law, and defired to know whether they alfo would fubmit to it ;
that if they would fend him Burgefs he would be hanged, or burnt (or Words to that
Effecft) if he did not get that Part of it, direcT:ing a Review of Tobacco, repealed, as being
an Infringement on the Liberty of the Subjects, the Infpe(5lors being fo intimidated by
it that they refufed the greateft Part of their Tobacco ; and that he would endeavour
to have the Infpe(5tors chofen by the People. " That the Deponent was of Opinion the
fitting Member had at firft very Httle Intereft in that Neighbourhood, but that he
afterwards heard many People fay that his Promifes to be of fo much Service to them
ought to have fome Weight in their fending him a Burgefs ; and he believes it had fome
Influence on the Freeholders, though he himfelf made Intereft, and voted for M'' Dan-
dridge.
[ 270 ]
M'' John Winfton alfo depofed that he faw the Letter above mentioned, which was
handed about amongft the Freeholders; though he read but two or three Lines of it. '^
and he believed it had fome Influence with the Freeholders.
M^ Harding Burnley depofed that he was one of the Perfons to whom the faid Letter
was diredled, the Purport of which was as is before recited by M"" Tompkins, except that
he does not remember the Expreffions "that the fitting Member would be hanged, or
burnt, if he did not get that Part of the Tobacco Law direcT;ing a Review of Tobacco
repealed;" that he believed the People in general in that Quarter were Friends to the
fitting Member; that M"" Dandridge told him, the Deponent, that M"" Littlepage had been
with him, and offered to decline being a Candidate for the faid County if he would ftand,
but that he had advifed M"" Littlepage to fet up as a Candidate.
It alfo appears to your Committee, from the Evidence of one Thomas Underwood,
that feveral People declared they would vote for the fitting Member, in Confequence of
his Promifes about the Tobacco Law ; and from the Teftimony of M"" John Bofwell, it
alfo appears that on the Day of the Eledlion, juft before the Poll was opened, the fitting
Member publickly and openly declared, in the Court Houfe, before a great Number of
People, that he did not look upon any of the Promifes he had made to the People as
binding on him, but that chey were all void.
The Petitioner then, by hisCounfel, produced, and laid before your Committee, two 139
feveral Letters from the fitting Member, which he acknowledged to be of his Writing,
and are both dated the 12''' of November 1763, one of which is diredled to M'' William
Hughes, Senior, a Freeholder, and is in thefe Words :
Dear Sir,
As M' Dandridge has taken a Coroner's Commiffion, I am to inform you I fhall offer
niyfelf to ferve this County, and fhall he obliged to yon for your Vote and Intereft. My
Plan, Sir, is to ferve the People that's now fo injured by the danin-ed Infpeding Law, that
the Merchants fhall have a View, or a Review, on the Tobacco, after it has paft, that has fo
great Influence on the Men called Infpedors that they refufe all Tobacco. M' M'Dowell
declared publickly, on Friday laft, he would review all the Tobacco this Year. You may
depend I have Intereft enough to have that taken off, and I want to have the Infpedors chofe
every Year by the Freeholders of the County. I will be at your Church To-morrow Se'nnight,
and to your Houfe. lam.
Dear Sir,
Your affedionate Servant,
JAMES LITTLEPAGE.
The other is directed to M"" William Hawes, a Freeholder, and is in thefe Words : i4o
Dear Sir,
As you know Col. Dandridge has declined ferving this County, I fhall be obliged to
you for your Intereft, as I purpofe only to ferve the People, now fo injured by the Infpeding
Law, for the Merchants to have a Review on Tobacco. I want the Infpedors chofen by the
Planters yearly, M' M'Dowell has declared, in publick, he will review all the Tobacco he
purchafes this Year. I fhall be at your Church on Sunday Se'nnight.
I am, dear Sir,
Your affedionate Servant,
JAMES LITTLEPAGE.
Your Committee further beg Leave to inform the Houfe that by the Teftimony of
M'' Samuel Overton, named in M"" Dandridge' s Petition, it appears to them that on the
14* Day of Jamiary laft, as the fitting Member and himfelf were returning from a Treat
given by the fitting Member to the Freeholders of the faid County two Days before,
the Converfation turning on the Expenfes they were putting themfelves to on that
Occafion, the fitting Member propofed to him that they fliould go both together to
M'' Dandridge and offer to decline ftanding a Poll at the Eledlion if he would pay them
the
[ 271 ]
the Expenfes they had been at: That they then came to no Determination on that
141 Propofal ; but in the Evening of the fame Day the faid Overton voluntarily, and of his
own Accord, as he declared, propofed to the fitting Member to pay him his Expenfes
if he would by no Means confent to ; whereupon the faid Overton offered to drop his
Pretenfions, and not ftand a Poll, if the fitting Member would pay him the Expenfes he
had incurred, as well in that as a former Election, which he fuppofed amounted to about
;£75 ; at the fame Time affuring him that he himfelf fhould vote againfthim, yet that he
would not otherwife concern himfelf in the Elecl;ion, one Way or the other : That the
fitting Member, after fome Deliberation, clofed with this Propofal, but with a Provifo
at the fame Time, agreed to by them both, that if M"" Henry fhould declare himfelf a
Candidate for the faid County, and be elected a Burgefs, he fhould pay the faid Overton
£50 only. M'' Overton then acknowledged that the fitting Member had complied with
his Engagement, in paying him the Sum agreed on, but that he had voted for the Peti-
tioner at the faid Ele(5tion.
Your Committee are now to inform the Houfe that it appears to them, as well from
the Teftimony of the above named Samuel Overton, as one of Jacob Hundley, that the
faid Overton had, before his faid Agreement with the fitting Member, ordered the faid
142 Hundley to prepare a Treat for fome of the Freeholders of the faid County at his Houfe,
on Friday the 13* of January; and, as the faid Overton depofed, before he knew that the
Writ was iffued for ele(?ting a Burgefs, though he expe(5led it was : That the faid Hundley
having heard that M"' Overton had declined ftanding a Candidate, fent a Meffenger to
let him know that feveral People had affembled at his Houfe, and defired his Diredlions
whether they were to be treated at his Expenfe : That M'' Overton thereupon ordered
him to let them have four Gallons of Rum made into Punch, and he would pay for it ;
which they accordingly had, and was paid for by the faid Overton: That the fitting
Member being prefent at the faid Treat, was told by Hundley that the Liquor was all
drank, whereupon he ordered two Gallons more, and faid he fuppofed M"' Overton would
pay Hundley for that, as well as the reft ; and the faid Hundley depofed that he expected
Payment of thofe two Gallons of M'' Overton only, and not of the fitting Member ; and
that he does not know whether any of the Company heard the fitting Member order
thofe two Gallons of Liquor, but that they all knew the Treat to be M"" Overton 's; and
believes they were chiefly in the Intereft of the fitting Member.
143 It further appears to your Committee that M'' William Macon who voted for the
Petitioner, went with M"" Overton (before he had agreed upon the Terms above mentioned
with the fitting Member) to endeavour to prevail upon him to confent to their treating
the Freeholders of the faid County, until the Day of Eledlion ; but that he abfolutely
refufed fo to do, and declared he would not treat after the Writ was iffued. It appears
that the faid Writ bore Teft the 13''' Day of January laft.
It likewife appears to your Committee, from the Evidence of M'' John Bofwell, that
after the Petitioner was appointed a Coroner the fitting Member afked the Deponent
what Chance he thought he might have amongft the People of his Neighbourhood if
he fhould declare himfelf a Candidate : That the faid Bofwell foon after wrote him that
he thought he might have a good Chance, if he would go up amongft them : That the
fitting Member accordingly went up, and the faid Bofwell rode about with him among
the People ; and fome of them faying it was too cold Weather to go fo long a Way (it
being above 25 Miles) to the Election, the fitting Member told them they fhould be
welcome if they would call at his Houfe in their Way down : That accordingly about 10
1^,, of them, with the faid Bofwell, did go to his Houfe the Evening before the Eledion,
which is about 5 miles above the Court Houfe, where they were hofpitably entertained,
for which the faid Bofwell declared the fitting I\Iember was remarkable, though their
Entertainment was not more than was ufual with him : That in the Evening two men
came in, who faid that they came from home with an Intention to vote for the fitting
Member, but having juft heard that M"" Dandridge had declared himfelf a Candidate,
they muft vote for him, as he had been very kind to them ; to which the fitting Member
anfwered, it fhould make no Difference with him; they might vote as they pleafed;
but
[ 272 ]
but it does not appear for whom they did vote: That feveral of the above Company
were pretty merry with Liquor when they came to the fitting Member's Houfe, where
they chiefiy drank Cider : That fome of them drank Drams in the Morning, and went
merry to the Court Houfe ; but that the fitting Member had gone off early in the Morning
with the faid Bofwell.
It further appears as w^ell from the Evidence of the faid Bofwell, as of one Paul
Tilman, the Perfon employed by the fitting Member to prepare his Entertainment at
the Eledlion, that both before, and on the Day of Eledlion, the fitting Member expreffly
ordered the faid Tilman not to give the Freeholders any Liquor until after the clofmg
the Poll; and that none of them had any Liquor, except fome few who infifted on it,
and paid for it themf elves.
It further appears to your Committee that the Day after Chriftmas Day the fitting
Member told one Richard Richardfon there would be an Eled-ion foon and afked him if
he would not go to it; who anfwered that he would, and fhould make bold to call at
his Houfe in his Way, but fhould not vote for him, though he declared to your Committee
he did intend at that Time to vote for him : That the fitting Member told him it fhoujd
make no Difference whether he was for him or againft him ; that he fhould be welcome
at his Houfe, and defired him to bring fome of his Neighbours with him ; That he accord-
ingly called there with 4 of his Neighbours, where they were kindly entertained ; and
that he knew of no other Invitations from the fitting Member than the above.
It likewife appears to your Committee, from the Teftimony of M'' Thomas Under-
wood, who lives in the upper Part of the faid County of Hanover, about 2 5 Miles above
the fitting Member, that fome Time before the faid Eledlion, but whether after the Writ
was iffued he knows not, he received an Invitation from the fitting Member to come
to his Houfe the Evening before the Eledlion, and he defired him to give the like Invita-
tion to, and make it publick amongft, the People of his Neighbourhood, that they fhould
be all welcome at his Houfe, whether Freeholders or not : That on the Day of the Eledlion
one Grubbs, a Freeholder, who lives about fix Miles above the fitting Member, came to
the Court Houfe, and declared he was ready to vote for any one who would give him a
Dram : That the faid Underwood, as a Friend to M"" Dandridge, endeavoured to get a Dram
for him, but could not : That Richard Richardfon, who was a Friend to the fitting Member,
but without his Knowledge, did, at his own Expenfe, procure a Dram for the faid Grubbs,
who voted for the fitting Member.
Your Committee further inform the Houfe that one Robert Hart depofed he was at
the above mentioned Treat made by M'' Overton at Hundley's, and that when the Liquor
was drank out more was called for, and brought, but on whole Account he knows not ;
and that one John Wynn alfo depofed he was at a Treat made by the fitting Member
before the Writ for eledling a Burgefs was out, and alfo at the faid Overton s Treat at
Hundley's, and that he voted for the fitting Member.
On Confideration of the whole Matter,
Refolved, That the faid M'' James Littlepage is duly eledled to fer\'e as a Burgefs in
this prefent General Affembly for the faid County of Hanover.
Refolved, That the faid Petition is frivolous and vexatious.
Ordered, That the Petitioner do pay unto the fitting Member his Cofts, occafioned
by his faid Petition ; and it is referred to the Committee of Claims to fettle and adjuft
the fame.
On a Motion made,
Ordered, That Bertrand Ewell be fent for, in Cuftody of the Sergeant at Arms, to
appear at the Bar of this Houfe to anfwer his Contempt in not appearing, purfuant to
an Order of this Houfe of the 'Day of laft, to make his Defence
agreeable to the Prayer of his Petition.
The Houfe, according to Order, refolved itfelf into a Committee on the Bill To pre-
vent Perfons driving diftempered Cattle from North Carolina, and other Places, into
this
' See page 242.
145
146
147
[ 273 ]
this Colony; and after fome Time fpent therein, M"^ Speaker refumed the Chair, and
M' Attorney reported that the Committee had had the faid Bill imder their further Con-
fideration, but not having Time to go through the fame they had diretJled him to move
for Leave to fit again.
Refolved, That this Houfe will again refolve itfelf into the faid Committee on the
faid Bill To-morrow.
And then the Houfe adjourned until To-morrow Morning ii "'Clock.
Bues^ay. ll)e 27t^ of 5tov(tmber. 5 (Beo. Ill, 1764,
A Petition of divers Inhabitants of the Counties of Effex and Caroline, fetting
forth that the Wharehouf es for the Reception of Tobacco at Occupatia Creek
are in a ruinous Condition, and the Rents thereof no way fufficient to anfwer
the neceffary Repairs; and praying that they may be dif continued, and
new Warehoufes eredled at Port Micou's, and that the fame may be put tmder the
Infpedlion with Layton's, was prefented to the Houfe and read.
Ordered, That the faid Petition be referred to a Committee of the whole Houfe, to
whom the Bill For amending an Adl, entitled, AnAd^for amending and further continuing
the fever al Ads of Affembly of this Colony for amending the Staple of Tobacco, and for
preventing Frauds in his Majefty's Cuftoms, is referred.
M' Terry, from the Perfons appointed, prefented to the Houfe, according to Order,
a Bill To oblige the Parifh of Cumberland to refund to the Parifh of Antrim their Pro-
portion of the Money levied for building four Churches in the faid Parifh before the
Divifion thereof; and the faid Bill was read the firft Time, and ordered to be read a
fecond Time.
A Petition of James Gait, Keeper of the Publick Gaol, praying a Continuance of
his former Salary.
Refolved, That the Sum of ;i^i5 be paid to the faid James Gait, over and above his
ufual Salary of £2$ per Annum.
Refolved, That 10 lbs. of Tobacco per Day be allowed to the faid James GaltioT
every Criminal committed to the faid Gaol during fuch Criminal's Imprifonment, from
this Time to the End of the next Seffion of Affembly.
A Petition of Bryant Lefter, praying to be paid by the Publick for a Gun and
Bayonet impreffed into his Majefty's Service in the Year 1757, and valued at £4, and
never returned him, nor hath he received any Satiffadlion for the fame, was prefented
to the Houfe and read.
Ordered, That the faid Petition be referred to the Confideration of the Committee
of Claims ; that they examine into the Allegations thereof, and report the fame, with
their Opinion thereon, to the Houfe.
A Petition of John Bell, praying to be allowed by the Publick for feveral Years
Attendance to fhackle and handctiff the Criminals committed to the Publick Gaol, taking
off their Irons when carried up to their Trials, or otherwife difcharged, for which he hath
never received any Satiffadlion, was prefented to the Hovife and read ; and the Queftion
being put that the faid Petition be referred to a Committee,
It paffed in the Negative.
Refolved, That the faid Petition be rejedled.
A Meffage from the Coimcil was delivered by M'' Walthoe.
That they have agreed to the Bill, entitled. An Adt' for dividing the Coimty of L«n^M-
burg into three diftindt Counties.
Alfo to the Bill, entitled. An Adls for dividing the Parifh of Truro, in the County of
Fairfax.
A
. Hening, VIII, p. 387, ' Ibid., VIII, p. 41. 3 Ibid., VIII, p, 43-
C 274 ]
A Petition of Richard Doggett, letting forth that in the Year 1762 he enlifted 13
Recruits for the Virginia Regiment, to whom he paid the Bounty Money, and fubfifted
them until he delivered them to Capt. John Blagg of the faid Regiment.
That 3 of the faid Recruits deferted from Capt. Blagg before they were received
by the Commanding Officer, and that he hath never had returned to him the Bounty
Money, Subfiftence, or Recruiting, amoimting to £2,-]. 10; and praying to be allowed
the fame by the Publick, was prefented to the Houfe and received.
Ordered, That the faid Petition be referred to the Confideration of the Committee
of Claims; that they examine into the Allegations thereof, and report the fame, with 151
their Opinion thereon, to the Houfe.
M"" Henry Lee, from the Perfons appointed, prefented to the Houfe, according to
Order, a Bill To dock the Entail of certain Lands whereof John Gregg is feized, and for
fettling other Lands and Slaves to be purchaf ed in Lieu thereof to the fame Ufes ; and
the faid Bill was read the firft Time, and ordered to be read a fecond Time.
On a Motion made.
Ordered, That Leave be given to bring in a Bill For paying the Burgeffes Wages
in Money for this prefent Seffion of Affembly, and it is referred to M"" Henry Lee to
prepare and bring in the fame ; and that he receive a Claiife, or Claufes, for the Payment
of the Burgeffes Wages for the laft Seffion of Affembly, except fuch Members as have
already been paid by their refpedtive Counties.
M'' Attorney, from the Committee of Proportions and Grievances, prefented to the
Hovife, according to Order, a Bill For exempting the Inhabitants of Elizabeth City
County on the Eaft Side of Hampton River, and aKo the Minifters and other Parifh-
ioners of Suffolk Parifh, from the Payment of Ferriage, and for other Purpofes therein
mentioned ; and the faid Bill was read the firft Time, and ordered to be read a fecond
Time.
A Petition of William Irvin, praying to be allowed by the Publick for a Mare which
was killed by carrying too great a Load of Com, or Meal, for the Ufe of the Militia of 152
Bedford Coimty, vmder the Command of Capt. John Quarles, and for which he hath re-
ceived no Satiffadlion, was prefented to the Houfe and read.
Ordered, That the faid Petition be referred to the Confideration of the Committee
of Claims ; that they examine into the Allegations thereof, and report the fame, with
their Opinion thereon, to the Houfe.
The Order of the Day being read for the Houfe to refolve itfelf into a Committee,
to take into their further Confideration the Bill For amending and further continuing
the feveral Adts of Affembly of this Colony for amending the Staple of Tobacco, and
preventing Frauds in his Majefty's Cuftoms.
Refolved, That this Houfe will again refolve itfelf into the faid Committee To-morrow-
The Order of the Day being read for the Houfe to refolve itfelf into a Committee,
to take into their further Confideration the Bill To prevent Perfons driving diftempered
Cattle from North Carolina, and other Places, into this Colony.
Refolved, That this Houfe will again refolve itfelf into the faid Committee To-morrow.
M'' Attorney, from the Committee of Proportions and Grievances, reported that
the Committee had had under their Confideration divers Propofitions and Petitions
from feveral Counties to them referred, and had come to feveral Refolutions thereupon; i»
which he read in his Place, and then delivered in at the Table, where they were again
twice read, and agreed to by the Houfe, as follow:
Refolved, That the Petition of the Minifters, Veftries, and fundry other Inhabitants
of the feveral Parifhes of Elizabeth River, Portfmouth, and St. Bride's, in the County of
Norfolk, praying that certain Slaves devifed by one Matthew Godfrey for the Benefit of
the Poor of the faid County, may be divided between the three Parifhes, and that a
Tradl of Land given by the faid Godfrey to the Poor of the faid County may be valued
and vefted in the Parifh of Elizabeth River, and a proportionable Part of the Valuation
paid to each of the other Parifhes, to be laid out in the Purchafe of other Lands to be
held for the fame Purpofes, is reafonable.
Refolved
C 275 ]
Refolved, That the Petition of fimdry Inhabitants of the County of Lunenburg,
praying that People may be prohibited from building Mill Dams, or railing Hedges or
Stops in the little River Roanoke, which prevent the Paffage of Fifh up the fame, is
reafonable.
Refolved, That the Petition of fundry Inhabitants of the Coxmty of Albemarle,
praying the like Prohibition againft railing Obftrudlions in the North Branch of James
River, is reafonable.
Refolved, That the Petition of John Dixon, Clerk, praying that Part of his Land
adjoining the Town of Falmouth, and contiguous to the Lots propof ed to be laid off out
of Part of King's Street, may be added to and made Part of the faid Town, and that he
may be allowed fuch a Proportion of the Money arifing from the Sale of the faid Lots
as fhall be thought reafonable, be rejedled.
Refolved, That the Petition of the faid John Dixon, praying that a Ferry may be
eftablifhed from his Land adjacent to Falmouth Wharf, to the Land of Francis Thornton
in Spotfylvania, be rejedled.
Refolved, That the Petition of fundry Inhabitants of the Coimty of Augufta, pray-
ing that a Road may be cleared through the Motm tains at Swift Run Gap, and the Expenfe
thereof levied on the Inhabitants of the faid County, is reafonable.
Refolved, That the Petition of fundry Inhabitants of the Coimty of Buckingham,
praying that Truftees may be appointed to take in Subfcriptions for clearing the great
Falls of James River, is realonable.
Ordered, That the faid Committee do prepare and bring in a Bill, or Bills, purfuant
to the i'*, 2"^, 3<^, 6*^, and y^^ Refolutions.
And then the Houfe adjourned until To-morrow Morning 11 "'Clock.
" We6ne$6a^, tl)e 2Sll) of 5tovcmber, 5 <Beo. III. 1764.
A Petition of fundry Inhabitants of the Counties of Bedford and Amherft, and
other frontier Counties, praying that a Ferry may be eftabhfhed from the
Land of Nicholas Davis over [Fluvannah] River to the oppolite Shore, and that
an Adt may pafs for that Purpofe, was prefented to the Houfe and read.
Ordered, That the faid Petition be referred to the Confideration of the Committee
of Propofitions and Grievances ; that they examine into the Allegations thereof, and
report the fame, with their Opinion thereon, to the Houfe.
A Bill For giving a greater Reward for killing Wolves was read a fecond Time, and
committed to M"' James Mercer and M"" Richard Henry Lee.
A Petition of Alexander Sayers, fetting forth that in the Years 1760 and 17 61, when
the Virginia Regiment encamped on the Dunkard Bottom, they deftroyed his Houfes,
Bams, Fences, and cut down his Timber to build a Fort and Barracks; and praying
that Reftitution may be made him by the PubUck, was prefented to the Houfe and read.
Ordered, That the faid Petition be referred to the Confideration of the Committee
of Claims; that they examine into the Allegations thereof, and report the fame with
their Opinion thereon, to the Houfe.
156 A Petition of Hugh Mercer, fetting forth that in the Year 1762 he applied to this
Houfe to be allowed for a Cheft of Medicines, and fimdry other Medicines delivered in
Dofes for the Ufe of the Smallpox and Regimental Hofpital, amounting to ;£302. o 8
Halfpenny : That his faid Petition was referred to the Committee of Claims, who were
pleafed to vote the faid Petition in Part unreafonable, by a Deduction of 17 and a Half
per Centtim, amoimting to ;^52. 10. 6, and ordered only the Balance after that Dedudlion
to be paid him ; and praying that a Revifal of the Articles of the Accounts laid before
the faid Committee may be made, and that he may be allowed the faid ;;^52. 10. 6 by
the Publick, which is jtiftly due to him, was prefented to the Houfe and read ; and the
Queftion being put that the faid Petition be referred to a Committee,
It paffed in the Negative.
Refolved, That the faid Petition be rejeded.
The
C 376 ]
The Order of the Day being read for the Houfe to refolve itfelf into a Committee to
take into their further Confideration the Bill For amending an Adt, entitled, An Ad' for
amending and further continuing the fever al Ads of Affembly of this Colony for amending
the Staple of Tobacco, and for preventing Frauds in his Majefty's Cuftoms.
Refolved, That this Houfe will again refolve itfelf into the faid Committee on Friday
next.
The Houfe, according to Order, refolved itfelf into a Committee to take into their
further Confideration the Bill To prevent Perfons driving diftempered Cattle from North
Carolina, and other Places, into this Colony; and after fome Time fpent therein, M'
Speaker, refum.ed the Chair, and M"" Attorney reported that the Committee had gone
through the faid Bill, and had made feveral Amendments thereto ; which he read in his
Place, and then delivered in at the Table, where the faid Amendments were again twice
read, and agreed to by the Houfe, with fome Amendments.
Ordered, That the faid Bill, with the Amendments, as amended, be engroffed, and
read a third Time.
M'' Cary, from the Committee of Claims, reported that the Committee had had
under their Confideration feveral Petitions to them referred, and had come to feveral
Refolutions thereon; which he read in his Place, and then delivered in at the Table,
where they were again read, and are as follow :
Refolved, That it is the Opinion of this Committee that Capt. John Smith ought to
be allowed by the Publick the Sum of ;£; 5 , to reimburfe him the Pay advanced to Thomas
Langdon his Lieutenant, who never was returned on the faid Smith's Roll, though in
adtual Service.
Refolved, That it is the Opinion of this Committee that the Petition of Lieutenant
James Walker, for an additional Allowance for enlifting and fubfifting Recruits for the
Frontier Battalion, be reje(5led.
Refolved, That it is the Opinion of this Committee that the Petition of William
Irvin, for a Mare killed in the Service, be rejedled, for Want of Proof.
Refolved, That it is the Opinion of this Committee that the Petition of Richard
Dogget, to be allowed for the Bounty Money and Subfiftence of Recruits for the Virginia
Regiment, be rejedled ; it appearing to this Committee that he enlifted the faid Recruits
under an Agreement with Capt. John Blagg of the faid Regiment, without any Warrant
or Orders from the Governor.
Refolved, That it is the Opinion of this Committee that Bryant Lefter ought to be
allowed by the Publick the Sum of £^ for his Gim and Bayonet, impreffed for the Ufe
of Capt. John Cox of the Lunenburg Militia.
Refolved, That it is the Opinion of this Committee that the Sum of £i\ ought to be
levied on the Eftate of the faid John Cox, deceafed, to reimburfe the Publick.
The firft, fecond, fourth, and fifth Refolutions, being read a fecond Time, were agreed
to by the Houfe.
The third Refolution being alfo read a fecond Time, was re-committed to the faid
Committee. And
The laft Refolution being alfo twice read, was difagreed to by the Houfe.
A Bill For amending and declaring the Law concerning the Efcape of Debtors out
of the Prifon Rules, and for other Purpofes therein mentioned, was read a fecond Time,
and committed to a Committee of the whole Houfe.
Refolved, That this Houfe will refolve itfelf into the faid Committee To-morrow.
A Bill To dock the Entail of certain Lands whereof John Gregg is feized, and for
fettling other Lands and Slaves to be purchafed in Lieu thereof to the fame Ufes, was
read a fecond Time, and committed to M'' Richard Henry Lee, and the Members of Prince
William and Fairfax.
A Bill To amend the Adl for the better Gk»vemment of Servants and Slaves was
read a fecond Time, and committed to the Committee of Propofitions and Grievances.
And then the Houfe adjourned until To-morrow Morning 11 "'Clock.
» Hening, VII, p. 387.
157
158
159
leo
I 277 ]
Bl)ur56aY. tl)e 29tb of November, 5 <5eo. III. 1764.
A Petition of Jofeph Royle, Printer, praying a Continuance of his former Salary,
was prefented to the Hovife and read.
Refolved, That the Stim of ;£375 per Annum be allowed to the faid Jofeph
Royle, Printer to continue to the End of the next Seflion of Affembly as a ftdl
Confideration for printing the Journal of the Hoiife of Burgeffes, printing the Laws of
each Seffion, and fending as many Copies to the County Court Clerks as there are Juftices
in the Commiffion in each refpedtive Coimty, and one other, which is to be half-boimd,
for the Ufe of the Court, and ten to the Clerk of the Court of Huf tings of the Borough
of Norfolk, printing Infpedors Notes and Books, Proclamations, and other pubKck
Advertifements.
Ordered, That the faid Refolve be engroffed, and that M"' Attorney do carry it up to
the Coimcil for their Concurrence.
A Bill To enable Tenants in Taille to make Leafes of their Lands was read a fecond
Time, and committed to a Committee of the whole Houfe.
Refolved, That this Houfe will refolve itfelf into a Committee on the faid Bill on
Tuefday next.
A Claim of Francis Moor, for Prifon Fees, and a Reward for taking up Peter Paris,
a Deferter.
Alfo a Petition of John Mills, praying to be allowed for 3 Horfes impreffed into the
Service for the Shawanefe Expedition in the Year 1756, appraifed to ;^i2. 15.
i«i Alfo a Petition of John Berriffield, praying to be allowed for two Horfes impreffed
into the faid Service, appraifed to £g. 10, were feverally prefented to the Houfe and read.
Ordered, That the faid Claim and Petitions be referred to the Confideration of the
Committee of Claims; that they examine into the Allegations thereof, and report the
fame, with their Opinion thereon, to the Houfe.
A Petition of Richard Todd, fetting forth that he is feized in Fee Taille, under the
Will of his Father William Todd, deceafed, in 1268 Acres of Land in the Coimty of Orange,
and it will be greatly to the Benefit of his Family to dock the Entail thereof, whereby
he may be able to fell it, and to fettle 460 Acres of Land in the County of King and
Queen, of which he is feized in Fee Simple, with fome Slaves to be annexed thereto, to
the fame Ufes; and praying that an Ad may pafs for that Purpofe, was prefented to
the Houfe and read.
Ordered, That a Bill be brought in agreeable to the Prayer of the faid Petition, and
it is referred to M'' Edmund Pendleton to prepare and bring in the fame.
M"" Smith prefented to the Houfe, according to Order, a Bill To veft certain entailed
162 Lands whereof William Gary is feized in Allen Jones in Fee Simple, and for fettling other
Lands and Slaves to be purchafed in Lieu thereof to the fame Ufes ; and the faid Bill
was read the firft Time, and Ordered to be read a fecond Time.
A Petition of the Veftry of the Parifh of St. Luke, in the Coimty of Southampton,
fetting forth that before the Divifion of the Parifh of Nottoway, in the faid County, by an
Ad made in the 4'*^ Seffion of this prefent Affembly the Veftry of the faid Parifh did in
different Years levy feveral Quantities of Tobacco for repairing the Churches of the faid
Parifh ; but no Repairs being ever made, there was a confiderable Sum of Money due
to the Parifh before the Divifion thereof : That the faid Ad has made no Provifion for
the Petitioners, or direded how the faid Monies due to the faid Parifh of St. Luke Divifion
fhall be difpofed of; and praying that the faid Parifh of Nottoway may be obliged to
refund to the laid Parifh of St. Luke their Proportion of the Money levied for the Repairs
aforefaid, and that an Ad may pafs for that Purpofe, was prefented to the Houfe and
read.
Ordered, That the faid Petition be referred to the Confideration of the Committee
of Propofitions and Grievances; that they examine into the Allegations thereof, and
report the fame, with their Opinion thereon, to the Houfe.
A
[ 273]
A Petition of Henry DuVal Mauger, praying to be allowed for his Services as a Mate
or Affiftant to Do<5lor Robert Johnfton, Surgeon to the la£t Virginia Regiment, was '^
prefented to the Hotife and read.
Ordered, That the faid Petition be referred to the Confideration of the Committee
of Claims; that they examine into the Allegations thereof; and report the fame, with
their Opinion thereon, to the Houfe.
On a Motion made,
Ordered, That it be an Inftrudlion to the Committee of Propofitions and Grievances,
to whom it is referred to bring in a Bill For altering the Court Day of the County of
Fauquier, that they receive a Claufe or Claufes for altering the Court Day of the County
of Loudoun to the 2** Monday in every Month, and the Court Day of the County of Fair-
fax to the 3** Monday in every Month.
The Order of the Day being read for the Houfe to refolve itfelf into a Committee on
the Bill For amending and declaring the Law concerning the Efcape of Debtors out of
the Prifon Rules, and for other Prupofes therein mentioned.
Refolved, That this Houfe will refolve itfelf into the faid Committee To-morrow.
A Bill For exempting the Inhabitants of Elizabeth City County, on the eaft Side of
Hampton River, and aKo the Minifter and other Parifhioners of Suffolk Parifh, from
the Payment of Ferriage, and for other Purpofes therein mentioned, was read a fecond
Time, and committed to the Committee of Propofitions and Grievances. ,54
A Bill For eftr-blifhing the Landing Place from Frafer's Ferry at the Caufey oppofite
thereto was read the fecond Time.
Ordered, That the faid Bill be engroffed, and read a third Time.
A Bill To oblige the Parifh of Cumberland to reftmd to the Parifh of Antrim their
Proportion of the Money levied for building 4 Churches in the faid Parifh before the
Divifion thereof was read the fecond Time, and committed to the Committee of Propofi-
tions and Grievances.
M'' Attorney, from the Committee to whom the Bill To dock the Entail of Eighteen
Hundred Acres of Land in the Parifh of Albemarle, and County of Suffex, whereof
Nathaniel Harrifon the younger is feized in Fee Taille, and for vefting the fame in
Truftees in Fee Simple for the Ufes therein mentioned, was committed, reported that
they had examined into the Allegations thereof, and found them to be true, but had
made no Amendments thereto.
Ordered, That the faid Bill be engroffed, and read a third Time.
And then the Houfe adjourned until To-morrow Morning 11 "'Clock.
IfiXha^, tl)e 30lb of 5tovember. 5 (Beo. Ill 1764.
A Petition of John Phelps, praying that John Stephens, William Handy, Henry
Haynes and Rofs Noble, four Soldiers of his Company of Militia, may be allowed
their Pay, they being omitted to be inferted in his Pay Roll, and never received
any Satiffa(5lion for their Services.
Alfo a Petition of Sufannah Wafh, fetting forth that her Hufband John Wafh
entered into the Ser\-ice of this Country as a Volimteer in the Year 1763, and in an Adlion
with the Enemy on Jackfon's River was killed, bravely fighting for his King and Country,
and left the Petitioner in a dif treff ed Condition ; were feverally prefented to the Houfe
and read.
Ordered, That the faid Petition be referred to the Confideration of the Committee
of Claims; that they examine into the Allegations thereof, and report the fame, with
their Opinion thereon, to the Houfe.
A Bill To veft certain entailed Lands whereof William Cary is feized in Allen Jones
in Fee Simple, and for fettling other Lands and Slaves to be purchafed in Lieu thereof
to the fame Ufes, was read a fecond Time, and committed to M'' Smith, M"" Cary, M'' John
Fleming, M'' Jofeph Cabell, and the Members of Warwick.
An
16A
[ 279 ]
An engroffed Bill, entitled, An Ad • for efiablifhing the Landing Place from Frafer's
Ferry, at the Caufey oppofite thereto, was read the third Time.
166 Refolved, That the faid Bill do pafs.
Ordered, That M' Carter Braxton do carry up the laid Bill to the Cotincil for their
G)ncurrence.
A Petition of divers Inhabitants of Appomattox River, praying that they may be
allowed to fet Hedges acrofs the laid River for the Benefit of catching Fi£h, and that
all Owners of Mills may be obliged to keep a clear and open Paffage through their Dams
3 Months in every Year, from the lo'^ Day of March to the lo**" Day of June, for the
Paffage of Fifh, and that an Adt may pafs for that Purpofe, was prefented to the Houfe
and read.
Ordered, That the faid Petition be referred to the Conlideration of the Committee
of Propolitions and Grievances; that they examine into the Allegations thereof, and
report the fame, with their Opinion thereon, to the Hoxife.
An engroffed Bill, entitled An Ad' for the Prefervation of the Breed of Cattle, was
read the third Time, and the Blanks therein filled up.
Refolved, That the faid Bill do pafs.
Ordered, That M'' Cary do carry it to the Council for their Concurrence.
On a Motion made,
Ordered, That it be an Inftrudlion to the Committee of Propofitions and Grievances,
167 to whom the Bill For exempting the Inhabitants of Elizabeth City County, on the Eaft
Side of Hampton River, and aKo the Minifter and other Parifhioners of Suffolk Parifh,
from the Payment of Ferriage, and for other Purpofes therein mentioned, was committed
to receive a Claufe or Clavtfes to exempt the Minifter of the Parifh of Antrim, in the
County of Halifax, at all Times, and the other Inhabitants of the faid Parifh on Sundays,
from the Payment of Ferriage, and to empower the Veftry of the faid Parifh to levy the
Expenfe thereof, in their Parifh Levies.
M'' Attorney, from the Committee appointed, prefented to the Houfe, according to
Order, an Addrefs and Reprefentation to his Majefty, alfo a Memorial to the Right
Honourable the Lords Spiritual and Temporal in Parliament affembled, and the Memo-
rial to the Honourable the Houfe of Commons.
Ordered, That the faid Addrefs, Reprefentation, &c. be referred to a Committee
of the whole Houfe.
Refolved, That this Houfe will refolve itfelf into a Committee on the fame on Tuefday
next.
M"" Attorney, from the Committee of Propofitions and Grievances, prefented to the
Houfe, according to Order, a Bill For encouraging the Settlement of the Towns of Alexan-
dria and Falmouth, and for other Purpofes therein mentioned.
Alfo a Bill To empower Henry Allen to build a Bridge over the South Branch of
les Back River, in the County of Elizabeth City, and for other Purpofes therein mentioned ;
and the faid Bills were read the firft Time, and ordered to be read a fecond Time.
He alfo reported that the Committee had had under their Confideration two Petitions
to them referred, and had come to two Refolutions thereupon; which he read in his
Place, and then delivered in at the Table, where they were again twice read, and agreed
to by the Houfe, as follow :
Refolved, That the Petition of Nicholas Davies, and alfo the Petition of fimdry
Inhabitants of the Counties of Bedford and Amherft, praying that a Ferry may be eftab-
lifhed over the Fluvannah from the faid Davies' s Land, in the County of Bedford, at or
near the Mouth of Tuckaho Creek, to his Land, near the Mill Stone Quarry, in the County
of Amherft, be reje(5led.
Refolved, That the Petition of fundry other Inhabitants of the upper Part of the
Cotmty of Amherft, praying that a Ferry may be eftablifhed acrofs the Fluvannah,
from the Land of Cornelius Thomas, at or near the Mouth of his Mill Creek, on the north
Side, to the oppofite Land of Nicholas Davies, in the County of Bedford, is reafonable.
Ordered
• HeniBg, VIII, p. 49- ' Not in Hening.
[ 28o]
Ordered, That the faid Committee do prepare and bring in a Bill purfuant to the
la£t Refolution.
On a Motion made,
The Bill To empower Henry Allen to build a Bridge over Back River, in the County im
of Elizabeth City, and for other Purpofes therein mentioned, was read a fecond Time,
and committed to the Committee of Propofitions and Grievances.
Ordered, That the Petition in Oppofition to that which the faid Bill is foimded
upon, and ordered to lie on the Table, be alfo referred to the faid Committee.
M'' Gary, from the Committee of Claims, reported that the Committee had had under
their Confideration the Petition of Alexander Sayers to them referred, alfo the Petition
of William Irvine to them re-committed, and have come to two Refolutions thereon;
which he read in his Place, and then delivered in at the Table, where they were again
twice read, and agreed to, as follow :
Refolved, That the Petition of the faid Alexander Sayers be rejedled, it not appearing
to this Committee that the Land on which the Damages alleged to be done by theVirginia
Regiment was the Petitioner's, at the Time the Regiment encamped thereon.
Refolved, That the faid William Irvine ought to be paid the Sum of £^ for the Mare
in his Petition mentioned.
On a Motion made,
Ordered, That a Committee be appointed to afcertain the Price of fundry Indian
Goods belonging to the Publick, purchafed by M'' Ifrael Chriftian, and it is referred to
M'' Edmund Petidleton, W Travis, M"' Walker, M"" Hartwell Cocke, M"" Walke, and M"" Lewis, m
to infpedl the fame, and report their Opinion thereon to the Houfe.
A Petition of the Mayor, Recorder, Aldermen, Common Council, and other Inhabi-
tants of the Borough of Norfolk, praying that an Adt may be paffed to empower the
Court of Hxiftings of the faid Borough to hold Plea of all Adlions real, perfonal, and
mixed, and to determine Suits in Chancery, Attachments, Serva,nts, Complaints, and
Breaches of the Peace, in the fame Manner as the Coimty Courts of this Colony are
authorized and empowered to do, and that the Jurifdidlion of the faid Court may be
enlarged, was prefented to the Houfe and read.
Ordered, That the faid Petition be referred to the Confideration of the Committee
of Propofitions and Grievances; that they examine into the Allegations thereof, and
report the fame, with their Opinion thereon, to the Houfe.
A Claim of John Richard, to be allowed by the PubKck for fumiihing a Guard,
confifting of 12 Men, to condu(5t the Vagrants draughted from the County of King and
Queen to Frederickfburg, was prefented to the Houfe and received.
Ordered, That the faid Claim be referred to the Confideration of the Committee of
Claims : that they examine into the Allegations thereof and report the same, with
their Opinion thereon, to the Houfe.
The Order of the Day being read for the Houfe to refolve itfelf into a Committee to
take imder their further Confideration the Bill For amending and further continuing j^j
the feveral Adls of Affembly of this Colony for amending the Staple of Tobacco, and
preventing Frauds in his Majefty's Cuftoms.
Refolved, That this Houfe will again refolve itfelf into the faid Committee on
Tuefday next.
A Claim of Jacob Sowers, for Provifions, &c. fumifhed the Militia, amounting to
£4. 14. 8, was prefented to the Houfe and received.
Ordered, That the faid Claim be referred to the Confideration of the Committee of
Claims; that they examined into the Allegations thereof, and report the fame, with
their Opinion thereon, to the Houfe.
And then the Houfe adjourned until To-morrow Morning 10 "'Clock.
Saturday
[ 28l ]
Satur6aY* t^e Ut of T)ecember. 5 (Beo. III. 1764.
A Petition of Thomas Walker, fetting forth that he was appointed a Commiffary of
Stores and Provifions for this Colony in the Year 1755, and in that Capacity
was fued by Thomas Crefap, in the Cotinty Court of Augufta for fundry
Charges which accrued during General Braddock's Campaign ; and though he
ufed every legal Method of Defence, he was condemned by a Jury's Verdidl to pay the
172 Sum of ;£79. 5, and Cofts. That in the Courfe of the faid Service he was the Means of
faving a confiderable Sum of Money to the Colony, and as this was a Lofs fuftained in
the fame Service, he hoped he may be indemnified out of the Money fo faved, was pre-
fented to the Houfe and received.
Ordered, That the faid Petition be referred to the Confideration of the Committee
of Claims; that they examine into the Allegations thereof, and report the fame, with
their Opinion thereon, to the Houfe.
A Petition of Robert Afhbey, fetting forth that Nimrod Afhbey his Son was in the
Year 1763 ftationed on the Frontiers, with the Command of a Detachment of Militia,
that in the Month of April 1764 the faid Nimrod received from the Treafurer a confider-
able Sum of Money, as well for his own Pay as the Pay due to his Men ; that on his
Return back to the Fort where his Men were ftationed, in Order to pay them the Money
which was refpedtively due them, and to dif charge fome Debts which he had been under
a Neceffity of contradting there, he was furprifed by a Party of Indians, who murdered
him, and took from him £'j^, which Sum has been fince paid out of his Eftate for the
Purpofes aforefaid; which, together with his ordinary Debts, hath reduced his whole
Eftate, and left two poor helplefs Orphans deftitute of Bread; and praying that this
Honourable Houfe will take the fame into their Confideration, was prefented to the
Houfe and read.
"^ Ordered, That the faid Petition be referred to the Confideration of the next Seffion
of Affembly.
And then the Houfe adjourned until Tuefday next.
'GuesdaY. tl)e 4t^ of T)ecember. 5 <Bco. III. 1764.
A Member being returned upon a new Writ, having taken the Oaths appointed
by Adt of Parliament to be taken inf tead of the Oaths of Allegiance and Supre-
macy, and taken and fubfcribed the Oath of Abjuration, and alfo fubfcribed
the Teft, was admitted to his Place in the Houfe.
The Order of the Day being read for the Hovife to refolve itfelf into a Committee
to take under their further Confideration the Bill For amending and further continuing
the feveral Adls of Affembly of this Colony for amending the Staple of Tobacco, and
preventing Frauds in his Majefty's Cuftoms.
The Houfe immediately refolved itfelf into the faid Committee ; and after fome
Time fpent therein, M"" Speaker refumed the Chair, and M"" Attorney reported that the
faid Committee had had the faid Bill under their Confideration, but not having Time
to go through the fame, had ordered him to move for Leave to fit again.
Refolved, That this Houfe will again refolve itfelf into the faid Committee To-morrow.
The Order of the Day being read for the Houfe to refolve itfelf into a Committee
to take into their Confideration the Addrefs to his Majefty, and the Memorials to the
Lords and Commons.
Refolved, That this Houfe will refolve itfelf into the faid Committee on Thurfday
next.
The
[ 282 ]
The Order of the Day being read for the Houfe to refolve itfelf into a Committee
on the Bill To enable Tenants in Taille to make Leafes of their Lands.
Refolved, That this Houfe will refolve itfelf into a Committee on the faid Bill on
Thurfday next.
Ordered, That M'' Gaivin Corhin, and M' Richard Bland, Jvin. be added to the Com-
mittee of Propofitions and Grievances.
A-nd then the Houfe adjourned until To-morrow Morning lo "'Clock.
We6ne56aY. t^e 5t^ of TDecemb^r, 5 <Bco. Ill 1764.
MR Attorney, from the Committee of Propofitions and Grievances, prefented to
the Hoiife, according to Order, a Bill For giving further Time for the hear-
ing Chancery Suits brought in the General Court of this Colony, and for
other Purpofes therein mentioned; and the faid Bill was read the firft
Time, and ordered to be read a fecond Time.
M'' John Pendleton prefented to the Houfe, according to Order, a Bill To dock the
Entail of certain Lands whereof Richard Todd is feized, and for fettling other Lands and
Slaves in Lieu thereof ; and the faid Bill was read the firft Time, and ordered to be read i^s
a fecond Time.
The Houfe, according to Order, refolved itfelf into a Committee on the Bill For
amending and further continuing the feveral Adls of Affembly of this Colony for amend-
ing the Staple of Tobacco, and preventing Frauds in his Majefty's Cuftoms; and after
fome Time fpent therein, M"" Speaker refumed the Chair, and M'' Attorney reported that
the Committee had had the faid Bill under their further Confideration, and had made
fome Amendments thereto, but not having Time to go through the fame, they had
directed him to move for Leave to fit again.
Refolved, That this Houfe will again refolve itfelf into the faid Committee To-morrow.
The Order, of the Day being read for the Houfe to refolve itfelf into a Committee
on the Bill For amending and declaring the Law concerning the Efcape of Debtors out
of the Prifon Rules, and for other Purpofes therein mentioned.
Refolved, That this Houfe will refolve itfelf into the faid Committee To-morrow.
And then the Houfe adjourned until To-morrow Morning lo "'Clock.
B^ursda^. tl)e 6t^ of T>ecember, 5 <5eo. Ill 1764.
ORDERED, That M^ Archibald Gary, W Richard Lee, and M' Tabh, do go to the
Publick Gaol of this City, and examine into the Defedls and Decays, and what
neceffary Repairs ought to be made thereto and that they report them to the
Houfe.
M' Attorney, from the Committee of Propofitions and Grievances, reported that the
Committee had had under their Confideration two Petitions to them referred, and had
come to two Refolutions thereon ; which he read in his Place, and then delivered in at
the Table, where they were again twice read, and agreed to by the Houfe, as follow:
Refolved, That the Petition of fundry Inhabitants of the Parifh of St. Luke, in the
County of Southampton, praying to be reimburfed by the Parifh of Nottoway their Pro-
portion of the Money raifed for repairing Churches in the faid Parifh before the Divifion
thereof, but which was not fo applied, is reafonable.
Refolved, That the Petition of the Mayor, Recorder, Aldermen, and Common Council,
of the Borough of Norfolk, praying that the Jurifdidtion of their Court of Huftings may
be enlarged, is reafonable.
Ordered
ire
178
[ 283 ]
Ordered, That the faid Committee do prepare and bring in a Bill or Bills, purfuant
to the faid Refolutions.
A Meffage from the Council was delivered by M'' Walthoe.
That they have agreed to the Bill, entitled, An Adl' f or ef tablifhing the Landing Place
from Frafer's Ferry at the Caufey oppofite thereto.
177 He aKo delivered a Petition of M"" Aaron Miller, addreffed to the Govemour and
Coimcil, and by them recommended to this Hoxife, fetting forth that he had at great
Trouble and Expenfe invented a new Compafs and Protradtor, by which an Angle may
be meafured both in furveying and plotting with greater Accuracy than by any other
Inftrument hitherto dif covered, and praying fuch a Boimty as the Legiflature may
think he deferves; and the faid Petition was read.
Ordered, That the faid Petition be referred to the Confideration of M"" Richard Bland,
M^ Richard Henry Lee, M"" Wythe, M"" Gary, and M"" Mercer; that they examine into the
Allegations thereof, and report the fame, with their Opinion thereon to the Houfe.
M"' Edmund Pendleton prefented to the Houfe, according to Order, a Bill To veft
certain Lands therein mentioned in John Syme, Efq ; and others, in Fee Simple, and for
fettling other Lands and Slaves in Lieu thereof, and the faid Bill was read the firft Time,
and ordered to be read a fecond Time.
M'' Gary, from the Committee to whom the Bill To veft certain entailed Lands
whereof William Gary is feized in Allen Jones in Fee Simple, and for fettling other Lands
and Slaves to be purchafed in Lieu thereof to the fame Ufes, was committed, reported
that the Committee had examined into the Allegations thereof and found them to be true,
but had made no Amendments thereto; and he delivered the faid Bill in at the Table.
Ordered, That the faid Bill be engroffed, and read a third Time.
M'' Attorney, from the Committee of Propofitions and Grievances, to whom the Bill
To oblige the Parifh of Gumberland to refund to the Parifh of Antrim their Proportion
of the Money levied for building four Churches in the faid Parifh before the Divifion
thereof, was committed reported that the Committee had examined into the Allegations
thereof, and foimd them to be true, but had made no Amendments thereto; and he
delivered the Bill in at the Table. And the Queftion being put that the faid Bill be
engroffed, and read a third Time,
It paffed in the Negative.
Refolved, That the faid Bill be rejedled.
He alfo reported from the faid Committee, to whom the Bill To empower Henry
Allen to build a Bridge over the fouth Branch of Back River, in the County of Elizabeth
City, and for other Purpofes therein mentioned, was committed, that they had examined
into the Allegations thereof, and found them to be true, but had made no Amendments
thereto ; and he delivered the faid Bill in at the Table. And the Queftion being put
that the faid Bill be engroffed, and read a third Time,
It paffed in the Negative.
Refolved, That the faid Bill be rejedled.
He aKo reported from the faid Gommittee, to whom the Bill For exempting the
Inhabitants of Elizabeth Gity Coimty on the eaft Side of Hampton River, and aKo the
Minifter and other Parifhioners of Suffolk Parifh, from the Payment of Ferriage, and
for other Purpofes therein mentioned, was committed, that the faid Committee had
made feveral Amendments thereto ; which he read in his Place, and then delivered the
Bill with the Amendments in at the Table, where the Amendments were again twice
read, and agreed to by the Houfe.
Ordered, That the faid Bill, with the Amendments, be engroffed, and read a Third
Time.
He aKo, from the faid Gommittee, prefented to the Houfe, according to Order, a Bill
For opening and clearing a Road through Swift Run Gap over the Moimtains, in Augufta.
Alfo
« Hening, VIII, p. 49-
170
[ 284 ]
Alfo a Btll For altering the Court Day of Fauquier, Loudoun, and Fairfax Counties.
Alfa a Bill For appointing feveral new Ferries, and for other Purpofes therein
mentioned.
Alfo a Bill For making an equal Divifion of a Donation of one Matthew Godfrey
between the feveral Parifhes in the Covmty of Norfolk, for the Benefit of their Poor;
and the faid Bills were feverally read the firft Time, and ordered to be read a fecond Time, iso
On a Motion made,
Ordered, That it be an Inftrudlion to the Committee of Claims to allow John Gale
in the Book of Claims the Sum of £\o towards his prefent Relief.
Refolved, That the Sum of £5 per Annum be allowed to the faid Gale during his
Life, in Confideration of the Wounds he received in the Service of this Colony.
Ordered, That M"" Gary do carry the faid Refolve to the Council for their Concurrence.
M' Gary, from the Committee of Claims, reported that the faid Committee had had
vmder their Confideration feveral Petitions to them referred, and had come to feveral
Refolutions thereon ; which he read in his Place, and then delivered in at the Table, where
they were again twice read, and agreed to by the Houfe, with an Amendment, as follow :
Refolved, That Henry Darnell ought to be allowed by the Publick the Simi of ;£37. 14
for the Bounty Money, enlifting, and fublifting the Recruits in his Petition mentioned.
Refolved, That Sufannah Wafh, Widow of John Wafh, a Soldier who was killed in the
Service of this Colony, ought to be allowed theSumof;i£3o by the Publick for her Relief.
Refolved, That the Petition of John Barriffield and John Mills, to be paid for Horfes jgi
for the Shawanefe Expedition, be rejedled ; it appearing to this Committee that their
Claims in their refpedlive Petitions were confidered, and rejedled, at a former Seffion
of Affembly.
Refolved, That the Petition of William Harrifon and William Wren, Infpedlors at
Gibfon's Warehoufe, to be paid for Tobacco ftolen out of the faid Warehoufe, be re-
jedled; it not appearing to this Committee that the faid Warehoufe was fuflficiently
fecured at the Time the faid Tobacco was ftolen.
The Hoiife, according to Order, refolved itfelf into a Committee on the Bill For
amending and further continuing the feveral Adls of Affembly of this Colony for amend-
ing the Staple of Tobacco, and preventing Frauds in his Majefty's Cuftoms; and after
fome Time fpent therein, M"" Speaker refumed the Chair, and M'' Attorney reported that
they had had the fame imder their further Confideration, and had made feveral Amend-
ments thereto, but not having Time to go through the fame, they had diredled him to
move for Leave to fit again.
Refolved, That this Houfe will again refolve itfelf into the faid Committee To-morrow.
The Order of the Day being read for the Houfe to refolve itfelf into a Committee
on the Bill To enable Tenants in Taille to make Leafes of their Lands. le
Refolved, That this Houfe will refolve itfelf into a Committee on the faid Bill To-
morrow.
The Order of the Day being read for the Houfe to refolve itfelf into a Committee
to take into their Confideration the Addrefs to his Majefty, and the Memorial to the
Lords and Commons.
Refolved, That this Houfe will refolve itfelf into the faid Committee To-morrow.
And then the Houfe adjourned until To-tnorrow Morning 10 "'Clock.
Trl6aY. t^e 7li) of TDec^mber, 5 (Bao. Ill 1764.
A Member returned on a new Writ, having taken the Oaths appointed to be
taken by A(5l of Parliament, inftead of the Oaths of Allegiance and Supremacy,
and taken and fubfcribed the Oath of Abjuration, and aKo fubfcribed the
Teft, was admitted to his Place in the Houfe.
A Bill For encouraging the Settlement of the Towns of Alexandria and Falmouth,
and for other Purpofes therein mentioned, was read a fecond Time.
Ordered, That the faid Bill be engroffed, and read a third Time.
M'
184
[ 285]
M' Cory, from the Committee of Publick Claims, reported that the Committee had
183 examined and confidered all the publick Claims which had been laid before them this
Seffion, and had agreed upon a Report, which he had entered in a Book, and he delivered
the Book in at the Table.
Ordered, That the faid Report do lie on the Table.
A Bill For altering the Court Days of the Covmties of Fauquier, Loudoun and Fairfax
was read a fecond Time, and committed to the Committee of Propofitions and Griev-
ances ; who are to receive a Claufe, or Claufes, for altering the Court Day of the County
of Louifa.
Nine Petitions from divers Inhabitants of the Parifh of St. George, in the County
of Spotfylvania, in Oppofition to a Petition prefented to this Houfe the 6*^ of laft Month
for a Divifion of the faid Parifh, and praying that the fame may be rejedled, was pre-
fented to the Houfe and read.
Ordered, That the faid Petitions be referred to the Confideration of the Committee
of Propofitions and Grievances ; that they examine into the Allegations thereof, and report
the fame, with their Opinion thereon, to the Houfe.
A Petition of M'' Peterfield Trent, complaining of an undue Eledtion and Return of
M' Henry Fry to ferve as a Burgefs in this prefent General Affembly for the Cotmty of
Albemarle, was prefented to the Houfe and read.
Ordered, That the faid Petition be referred to the Confideration of the Committee
of Privileges and Eledtions ; that they examine into the Allegations thereof, and report
the fame, with their Opinion thereon, to the Houfe.
The Order of the Day being read, the Houfe again refolved itfelf into a Committee
on the Bill For amending and further continuing the feveral Adls of Affembly of this
Colony for amending the Staple of Tobacco, and preventing Frauds in his Majefty's
Cuftoms, and after fome Time fpent therein, M'' Speaker refumed the Chair, and M''
Attorney reported that the Committee had had the faid Bill under their further Confid-
eration, but not having Time to go through the fame, they had direded him to move
for Leave to fit again.
Refolved, That this Houfe will again refolve itfelf into the faid Committee Tomorrow.
The Order of the Day being read for the Houfe to refolve itfelf into a Committee
to take into their Confideration the Addrefs to his Majefty, and the Memorials to the
Lords and Commons.
Refolved, That this Houfe will refolve itfelf into the faid Committee on Monday next.
The Order of the Day being read for the Houfe to refolve itfelf into a Committee
on the Bill To enable Tenants in Taille to make Leafes of their Lands.
Refolved, That this Houfe will refolve itfelf into the faid Committee on Monday
next.
185 The Order of the Day being read for the Houfe to refolve itfelf into a Committee on
the Bill For amending and declaring the Law concerning the Efcape of Debtors out of
the Prifon Rules, and for other Purpofes therein mentioned.
Refolved, That this Houfe will refolve itfelf into the faid Committee on Monday
next.
And then the Houfe adjourned until To-morrow Morning lo "'Clock.
SaXxxxha^, t^e Stl) of T>(iC(Mttbcr. 5 <5eo. Ill 1764.
THE Houfe being informed that M'' Leonard Claiborne, q. Member of this Houfe,
againft whom a Decree of the General Court hath been obtained for the Re-
covery of feveral Slaves, is about to remove himfelf and the faid Slaves out
of this Colony, while under the Protedlion of his Privilege, no Execution
on the faid Decree can be ferved on him to prevent fuch Removal.
Ordered, That the faid Information be referred to the Confideration of the Committee
of Privileges and Eledtions ; that they examine into the Allegations thereof, and report
the fame, with their Opinion thereon, to the Houfe.
A
[ 286 ]
: A Bill To veft certain Lands therein mentioned in John Syme, Ef quire, and others,
in Fee Simple, and for fetthng other Lands and Slaves in Lieu thereof, was read a fecond
Time, and committed to M"" Edmund Pendleton, M' Littlepage, and M"" Fry, and the igo
Members of Fairfax and Louifa.
A Bill To dock the Entail of certain Lands whereof Richard Todd is feized, and for
fettling other Lands and Slaves in Lieu thereof, was read a fecond Time, and committed
to M"" John Pendleton, and the Members of Orange, Albemarle, and Culpeper.
Ordered, That the Committee of Propofitions and Grievances be difcharged from
proceeding further on the Petition from the Parifh of Saint George to them referred.
A Bill For clearing a Road through Swift Run Gap over the Mountains was read
a fecond Time, and committed to the Committee of Propofitions and Grievances.
The Houfe proceeded to the Confideration of the Report from the Committee of
Claims reported Yefterday, and Part thereof was read and agreed to.
Ordered, That the further Confideration of the faid Report be put off until Monday
next.
M"' Bland, from the Committee of Privileges and ElecJtions, reported that the Com-
mittee had had vmder their Confideration the Petition of M"' Peterfield Trent, complaining
of an imdue Eledtion and Return of M'' Henry Fry to ferve as a Burgefs in this prefent
General Affembly for the County of Albemarle, to them referred, and had come to feveral
Refolutions thereupon ; which he read in his Place ; and then delivered in at the Table,
where they were again twice read, and agreed to by the Houfe. is?
Refolved, That the Petitioner and fitting Member be at Liberty to examine and take
the Depofitions of Witneffes touching the Allegations of the faid Petition, before Arthur
Hopkins, Matthew Jordan, John Henderfon, and Nicholas Meriwether, of the faid County
of Albemarle, Gentlemen, or any three of them, and that the faid Commiffioners do return
the Depofitions fo to be taken to the next Seffion of Affembly.
Refolved, That the Petitioner do, at leaft ten Days before the Day to be appointed by
the faid Commiffioners for taking the Depofitions of Witneffes as aforefaid, give to the fitt-
ing Member Notice in Writing of any illegal Proceedings of the Sheriff of the faid County at
or concerning the faid Eledtion, or of any illegal treating of the Freeholders of the faid
County, about which he intends to examine Witneffes before the faid Commiffioners.
Refolved, That the further Confideration of the faid Petition be referred to the next
Seffion of Affembly.
He alfo reported that the Committee had had xmder their Confideration an Informa-
tion to them referred againft M'' Leonard Claiborne, a Member of this Houfe, againft
whom a Decree of the General Court hath been obtained for the Recovery of feveral
Slaves, that he is about to remove the faid Slaves out of this Colony, and intends to
prevent any Execution of the faid Decree, under the Protedlion of his Privilege as a igg
Member of this Houfe, and had agreed upon a Report, and come to a Refolution thereon ;
which he read in his Place, and then delivered in at the Table, where it was again twice
read, and agreed to with fome Amendments.
It appears to your Committee that the Allegations of the faid Information are true.
Refolved, That the Plaintiffs in the faid Suit ought to be at Liberty to ferve an
Execution of the faid Decree upon the faid Leonard Claiborne, notwithftanding his
Privilege as a Member of this Houfe.
The Order of the Day being read, the Houfe again refolved itfelf into a Committee
on the Bill For amending an Adl entitiled An Ad ■ for amending and further continuing
the feveral Ads of Affembly of this Colony for amending the Staple of Tobacco, and prevent-
ing Frauds in his Majefty's Cuftoms; and after fome Time fpent therein, M'' Speaker
refumed the Chair, and M'' Attorney reported that the Committee had had the faid Bill
imder their further Confideration, but not having Time to go through the fame they had
diredted him to move for Leave to fit again.
Refolved, That this Houfe will again refolve itfelf into the faid Committee on Monday
next.
And then the Houfe adjourned until ALonday Morning lo "'Clock.
5llon6ay
I Hening, VII, p. 387.
[ 287 ]
B9
191
Mlon6aY. tl>e lOt^ of T)4C(Mnber. 5 (Beo. III. 1764.
MR Attorney prefented to the Houfe, according toOrder, a Bill For amending the
Adl entitled An A(ii^ direding the Trial of Slaves committing capital Crimes,
and for the more effectual punifhing Conf piracies and Infurredions of them,
and for the better Government of Negroes, Mulattoes, and Indians, bond or
free; and the faid Bill was read the firft Time, and ordered to be read a fecond Time.
On a Motion made.
Ordered, That Leave be given to bring in a Bill To veft certain entailed Lands in
Robert Lewis, Gentleman, in Fee Simple, and for purchafing more convenient Lands to
be fettled in Lieu thereof; and it is referred to M' Edmund Pendleton to prepare and
bring in the lame.
The Honfe, according to Order, refolved itfelf into a Committee on the Bill For
amending and further continuing the feveral Adts of Affembly of this Colony for amend-
ing the Staple of Tobacco, and preventing Frauds in his Majefty's Cuftoms; and after
fome Time fpent therein, M"" Speaker refumed the Chair, and M'' Attorney reported that
they had had the fame under their further Confideration, and had made feveral Amend-
ments thereto, but not having Time to go through the fame, they had directed him to
move for Leave to fit again.
190 Refolved, That this Houfe will again refolve itfelf intothe faid Committee To-morrow.
The Order of the Day being read for the Houfe to refolve itfelf into a Committee
to take into their Confideration the Addrefs to his Majefty and the Memorials to the
Lords and Commons.
Refolved, That this Houfe will refolve itfelf into the faid Committee To-morrow.
The Order of the Day being read for the Houfe to refolve itfelf into a Committee
on the Bill To enable Tenants in Taille to make Leafes of their Lands,
Refolved, That this Houfe will refolve itfelf into the faid Committee To-morrow.
The Order of the Day being read for the Houfe to refolve itfelf into a Committee
on the Bill For amending and declaring the Law concerning the Efcape of Debtors out
of Prifon Rules, and for other Purpofes therein mentioned,
Refolved, That this Houfe will refolve itfelf into the faid Committee To-morrow.
A Meffage from the Govemour by M"" Walthoe.
That his Honour had juft received from Colonel Bouquet a Letter, including the feveral
Conferences between him and the Indians, together with the Terms of Peace, which he had
direded him to deliver to this Houfe.
Ordered, That the faid Letter and Papers do lie on the Table.
And then the Houfe adjourned until To-morrow Morning lo "'Clock.
X5ue56ar» t^e Ut^ of TDecember. 5 (B«to. III. 1764.
A Member returned on a new Writ, having taken the Oaths appointed to be taken
by A(5t of Parliament, inftead of the Oaths of Allegiance and Supremacy, and
taken and fubfcribed the Oath of Abjuration, and alfo fubfcribed the Teft,
was admitted to his Place in the Houfe.
M"" Richard Henry Lee prefented to the Houfe, according to Order, a Bill For the
Prefervation of Sheep.
Alfo a Bill To prevent the Pradtice of felling Perlons tor Slaves that are not fo;
and the faid Bills were feverally read the firft Time, and ordered to be read a fecond
Time.
A Meffage from the Council by M"" Walthoe.
That
' Hening, VI, p. 104.
[ 288]
That they have agreed to tht Bill entitled. An Adt ■ for further continuing an A<51 for
reducing the feveral Adls for making Provifion againft Invafions and Infurre<5lions into
one A(5l.
Alfo to the Bill entitled An Adl' for further continuing an Adt entitled An Adl for
"reducing the feveral Adls made for laying a Duty on Liquors into one Adt, without any
Amendments.
And that they have agreed to the Bill entitled An Adl^ for the Prefervation of the Breed jg.^
of Cattle in this Colony, with fame Amendments, to which they defire the Concurrence of
this Houfe.
The Houfe immediately proceeded to the Confideration of the faid Amendments;
and the fame being read, were agreed to.
Ordered, That M"^ Richard Henry Lee do go up to the Coimcil, and acquaint them
therewith.
M'' Bland prefented to the Houfe, according to Order, a Bill For the Relief of Parifhes
from fuch Charges as may arife from baftard Children bom within the fame;
and the faid Bill was read the firft Time, and ordered to be read a fecond Time.
M'' London Carter, from the Committee to whom the Bill For vefting the abfolute
Property of certain Slaves therein named in George Heal, Gentleman, and for fettling
three certain Tradls of Land therein mentioned on the faid George Heal in Lieu of the
faid Slaves, was committed, reported that the faid Committee had examined into the
Allegations thereof, and found them to be true, and had made fome Amendments
thereto ; which he read in his Place, and then dehvered the Bill with the Amendments
in at the Table, where they were again twice read, and agreed to by the Houfe.
Ordered That the faid Bill, with the Amendments, be engroffed, and read a third im
Time.
M'' Edmund Pendleton, from the Committee to whom the Bill To dock the Entail
of certain Lands whereof Richard Todd is feized, and for fettling other Lands and Slaves
in Lieu thereof, was committed, reported that the faid Committee had examined into
the Allegations thereof, and foxmd them to be true, and had made fome Amendments
thereto ; which he read in his Place, and then delivered the Bill with the Amendments
in at the Table, where they were again twice read, and agreed to by the Houfe.
Ordered, That the faid Bill, with the Amendments, be engroffed, and read a third
Time.
M'' Bland, from the Committee of Privileges and Eledlions, reported that the faid
Committee had had under their Confideration the Returns of the feveral Writs for
eledling Burgeffes to ferve in this prefent General Affembly for the Counties of King
George, Cumberland, Middlefex, and Albemarle, to them referred, and had agreed upon
a Report, and come to two Refolutions thereon ; which he read in his Place, and then
delivered in at the Table, where they were again twice read, and agreed to by the Houfe,
as follow :
Refolved, That the Returns of the Writs for eledling Burgeffes for the Counties of i^
Cumberland and Middlefex are made in the Form prefcribed by Law.
Refolved, That the Returns of the Writs for eledling Burgeffes for the Covmties of
King George and Albemarle are not made in the Form prefcribed by Law.
Ordered, That the Return of the Writs mentioned in the laft Refolution be amended
by the Clerk at the Table.
A Petition of M"' Hampton Wade, complaining of an imdue Eledlion and Return of
M'' Edward Booker to ferve as a Burgefs in this prefent General Affembly for the County
of Halifax, was prefented to the Hoiofe and read.
Ordered, That the faid Petition be referred to the Confideration of the Committee
of Privileges and Eledlions ; that they examine into the Allegations thereof, and report
the fame, with their Opinion thereon, to the Houfe.
M^
' Hening, VIII,p. 37. ' Ibid., Vlll, p. 38. 3 Not in Hening.
[ 289]
M"" Gary, from the Committee of Claims, reported that the Committee had had under
their Confideration the Petitions of Thomas Walker and Henry DuVal Mauger to them
referred, and had come to feveral Refolutions thereon ; which he read in his Place, and
then delivered in at the Table, where they were again twice read, and agreed to by the
Houfe, as follow:
Refolved, That the faid Thomas Walker ought to be paid by the Publick the Simi
of ;£87. lo. 6, to reimburfe him the Judgment and Cofts in his Petition mentioned.
Refolved, That the Petition of Henry DuVal Mauger be rejedled, it appearing to
this Committee that Dodlor Robert Johnfon hath already received Pay for the Service
in the faid Petition mentioned.
M"" Pendleton prefented to the Houfe, according to Order, a Bill To veft certain
entailed Lands in Robert Lewis, Gentleman, in Fee Simple, and for purchafmg more
convenient Lands to be fettled in Lieu thereof; which was read the firft Time, and
ordered to be read a fecond Time.
M"" Henry Lee, from the Committee to whom the Bill To dock the Entail of certain
Lands whereof John Gregg is feized, and for fettling other Lands and Slaves to be pur-
chafed in Lieu thereof to the fame Ufes, was committed, reported that the faid Com-
mittee had examined into the Allegations thereof, and found them to be true, and had
made fome Amendments thereto; which he read in his Place, and then delivered the
Bill with the Amendments in at the Table, where they were again twice read, and agreed
to by the Hoiife.
Ordered, That the faid Bill, with the Amendments, be engroffed, and read a third
Time.
M'' Edmund Pendleton, to whom the Bill To veft certain entailed Lands therein
mentioned in John Syme, Efq ; and others, in Fee Simple, and for fettling other Lands
and Slaves in Lieu thereof, was committed, reported that the faid Committee had
examined into the Allegations thereof, and found them to be true, and had made fome
Amendments thereto ; which he read in his Place, and then delivered the Bill with the
Amendments in at the Table, where they were again twice read, and agreed to by the
Houfe.
Ordered, That the faid Bill, with the Amendments, be engroffed, and read a third
Time.
The Order of the Day being read for the Houfe to refolve itfelf into a Committee
on the Bill For amending and declaring the Law concerning the Efcape of Debtors out
of the Prifon Rules, and for other Purpofes therein mentioned.
Refolved, That this Houfe will refolve itfelf into the faid Committee To-morrow.
The Order of the Day being read for the Houfe to refolve itfelf into a Committee
on the Bill To enable Tenants in Taille to make Leafes of their Lands.
Refolved, That this Houfe will refolve itfelf into the faid Committee To-morrow.
The Order of the Day being read for the Houfe to refolve itfelf into a Committee
to take into their Confideration the Addrefs to his Majefty, and the Memorials to the
Lords and Commons.
Refolved, That this Houfe will again refolve itfelf into the faid Committee To-morrow.
On a Motion made,
Ordered, That Colonel Bouquet's Letter to his Honour the Govemour, and the
Treaties made with the Indians, which were Yefterday ordered to lie on the Table, be
read ; and the fame were read accordingly.
Refolved, That an Addrefs be made to his Honour the Govemour, humbly to acquaint
him that as this Houfe is of Opinion the Militia may be now fafely dif banded, he would
be pleafed to iffue out Orders for that Purpofe ; and that M"" Archibald Gary, M' John
Fleming, and M"" Philip Johnfon, do wait on his Honour with the faid Addrefs.
Refolved, That an humble Addrefs be made to the Govemour, intreating his
Honour that he will be pleafed to recommend Colonel Bouquet to his Majefty's Favour,
for the Spirit, Adtivity, and Zeal, with which he has reduced the Indians to Terms of
Peace
[ 29° ]
Peace, and compelled them to deliver up many of his Majefty's Subjedts made Captives
by thofe Savages ; and that M"" Bland, and M'' Richard Henry Lee, do wait on his Honour
with the faid Addrefs.
The Houfe proceeded to the Confideration of the Book of Claims ; and Part thereof
was read, and agreed to.
And then the Houfe adjourned until To-morrow Morning jo "'Clock.
Wdbnasba^. tl)^ 12 1^ of T>ecember. 5 (B<to. III. 1764.
MR Attorney, from the Committee of Propofitions and Grievances, to whom the
Bill For altering the Court Day of the County of Fauquier was committed^
reported that the Committee had made feveral Amendments thereto ; which i«8
he read in his Place, and then delivered the Bill with the Amendments in at
the Table, where the Amendments were again twice read, and agreed to by the Houfe.
Ordered, That the faid Bill with the Amendments be engroffed, and read a third Time.
A Bill For appointing feveral new Ferries, and for other Purpofes therein mentioned,
was read a fecond Time, and committed to the Committee of Propofitions and Grievances.
And
On a Motion made,
Ordered, That it be an Inftrudtion to the faid Committee to receive a Claufe, or
Claufes, to eftablifh a Ferry from the Land of William Black, on the fouth Side of
Roanoke River, in Lunenburg County, to an Acre of Land purchafed by him of one
Brookes, on the oppofite Side thereof.
M"' Bland, from the Committee of Privileges and Eledtions, reported that the Com-
mittee had had under their Confideration the Petition of Bertrand Ewell, praying to be
heard on an Information exhibited againft him to this Houfe at a former Seffion of
Affembly, for claiming an Allowance to be made him for certain Slaves employed by
him in Iron Works in the County of Prince William, which it is charged in the Informa-
tion were not fo employed ; and having heard the faid Petitioner, and the Depofitions 199
of feveral Witneffes, produced by him to the Committee, had come to a Refolution
thereon ; which he read in his Place, and then delivered in at the Table ; where it was
again twice read, and agreed to by the Houfe, as follows :
Refolved, That it does not appear to them that the faid Bertrand Ewell had any
unjuft Intention in making the Demand on the Publick for the Tobacco mentioned in
the faid Information, and therefore he ought to be dif charged out of Cuftody, without
paying Fees.
He alfo reported that the faid Committee had had imder their Confideration the
Petition of M' Hampton Wade, complaining of an undue Eledlion and Return of M'
Edward Booker, to ferve as a Burgefs in this prefent General Affembly for the Coimty
of Halifax, to them referred, and had come to feveral Refolutions thereon; which he
read in his Place, and then dehvered in at the Table, where they were again twice read,
and agreed to, as follow :
Refolved, That the Perfons who voted at the faid Ele(5tion whofe Freeholds are
queftioned, either by the Petitioner or fitting Member, be examined upon Oath before
Nathaniel Terry, Archibald Gordon, Hugh Innes, and John Coleman, of the faid Coimty
of Halifax, Gentlemen, or any three of them, whether they be Freeholders or not, except
fuch of them as did fwear to their Freeholders at the Eledlion.
Refolved, That the Petitioner and fitting Member be at Liberty to examine Witneffes
before the faid Perfons as to the Freeholds, or other Qualifications, of any Perfon who
voted at the faid Eledlion, although fuch Perfons fwore to their Freeholds at fuch
Eledlion, or fhall fwear to the fame at the Examination ; and that it be an Inftrudtion
to the Perfons before whom fuch Examinations are to be taken to examine how long
fuch Voters have been in Poffeffion of, and paid Quitrents for, the Lands or Tenements
in
200
[ 291 ]
in right of which they voted at the Elecftion, and that they return the Depofitions they
fhall take to the next Seffion of Affembly.
Refolved, That the Petitioner give to the fitting Member ten Days Notice at leaft
of the Time and Place when and where he intends to examine his Witneffes, alfo a Lift
in Writing of the Names of the Voters he intends to except to, diftinguifhing againft
each Name the feveral Heads of Exception ; and that the fitting Member do the Hke to
the Petitioner.
Refolved, That as well the Petitioner as the fitting Member be at Liberty to exaimne
Witneffes before the fame Perfons, as to the fitting Member's promifing or engaging to
201 give a Sum of Money to one William Wright, one of the Poll Takers at the faid Eledlion,
named in the faid Petition, or of any Partiality or ill Condudt of the faid William Wright
on that Occafion, either in refufing or omitting to enter the Name of any Freeholder
who offered to vote at the faid Ele(5tion for either of the Candidates, or in any other
Inftance whatfoever.
Refolved, That the further Confideration of the faid Petition ought to be referred
to the next Seffion of Affembly.
M'" Mercer reported that the Committee to whom the Bill For giving a greater
Reward for killing Wolves was committed, had made feveral Amendments thereto;
which he read in his Place, and then delivered the Bill with the Amendments in at the
Table, where the Amendments were again twice read, and agreed to, with fome Amend-
ments.
Ordered, That the faid Bill with the Amendments, as amended, be engroffed, and
read a third Time.
The Order of the Day being read for the Houfe to refolve itfelf into a Committee
on the Bill For amending itfelf into a Committee on the Bill For amending and further
continuing the feveral A(5ts of Affembly of this Colony for amending the Staple of
Tobacco, and preventing Frauds in his Majefty's Cuftoms.
Refolved, That this Houfe will again refolve itfelf into the faid Committee on Friday
next.
The Order of the Day being read for the Houfe to refolve itfelf into a Committee
to take into their Confideration the Addrefs to his Majefty, and the Memorials to the
Lords and Commons.
Refolved, That this Houfe will again refolve itfelf into the faid Committee To-
morrow.
The Order of the Day being read for the Houfe to refolve itfelf into a Committee on
the Bill For amending and declaring the Law concerning the Efcape of Debtors out of
the Prifon Rules, and for other Purpofes therein mentioned.
Refolved, That this Houfe will refolve itfelf into the faid Committee To-morrow.
The Order of the Day being read for the Hotife to refolve itfelf into a Committee
on the Bill To enable Tenants in Taille to make Leafes of their Lands.
Refolved, That this Hoxife will refolve itfelf into the faid Committee To-morrow.
M'' Gary reported that the Gentlemen appointed had waited on his Honour the
Govemour with the Addrefs of this Houfe of Yefterday, to which his Honour anfwered
He was plea fed we had communicated our Opinion to him; that he thought as we did that the
Militia might now he fafely dif banded, and he would give immediate Orders for that Purpofe.
On a Motion made.
Ordered, That Leave be given to bring in a Bill To dock the Entail of a Tradt of Land
in the County of York whereof Robert Booth Armiftead is feized in Fee Taille, and to
veft the fame in Tniftees in Fee Simple for the Ufes therein mentioned, and it is referred
to M*" Attorney to prepare and bring in the fame.
A Bill To veft certain entailed Lands in Robert Lewis Gentleman, in Fee Simple, and
for purchafing more convenient Lands to be fettled in Lieu thereof, was read a fecond
Time, and committed to M'' Edmund Pendleton, and the Members for Hanover and New
Kent Covmties.
And then the Houfe adjourned until To-morrow Morning lo "'Clock.
202
203
[ 292 ]
Bl)ur56a?, t^e X3l\) of T)ecemb<tr. 5 (5eo. Ill 1764.
AN engroffed Bill entitled An Ad^ for encouraging the Settlement of the Towns of
Alexandria and Falmouth, and for other Purpofes therein mentioned, was read
the third Time, and the Blanks therein filled up.
Refolved, That the faid Bill do paf s.
Ordered, That M'' Weft do carry it up to the Coimcil for their Concurrence.
An engroffed Bill entitled An Ad' for altering the Court Days of the Counties of
Fauquier, Loudoun, Louifa, and Fairfax, was read the third Time, and the Blanks
therein filled up.
Refolved, That the Bill do pafs.
Ordered, That M"" Weft do carry it up to the Council for their Concurrence.
An engroffed Bill entitled An Ad^ to veft certain Lands therein mentioned in JohnSyme
Efq; and others, in Fee Simple, and for fettling other Lands and Slaves in Lieu thereof,
was read the third Time.
Refolved, That the faid Bill do pafs.
Ordered, That M"" Edmund Pendleton do carry it up to the Council for their Con-
currence.
M'' Pendleton, from the Committee to whom the Bill To veft certain entailed Lands
in Robert Lewis, Gentleman, in Fee Simple, and for purchafing more convenient Lands
to be fettled in Lieu thereof, was committed, reported that they had examined into the
Allegations thereof, and found them to be true, but had made no Amendments thereto.
Ordered, That the faid Bill be engroffed, and read a Third Time.
On a Motion made,
Refolved, That an Addrefs be made to his Honour the Govemour to defire that he
would be pleafed to inform this Houfe at what Time it was he firft gave his Orders to
Col. Stephen to encourage Volunteers to enlift and enter into the Expedition under the
Command of Col. Bouquet, and that M'' Attorney do wait on him with the faid Addrefs.
M"" Bland reported that he had waited on his Honour the Govemour with the Addrefs
of this Houfe of Tuefday laft, defiring that he would be pleafed to recommend Col.
Bouquet to his Majefty's Favour; to which his Honour anfwered That he was extremely
pleafed with the Addrefs of this Houfe, as in his own Opinion Col. Bouquet merited their
particular Notice, and that he would comply with the Defire of this Houfe by recommending
Col. Bouquet to his Majefty's Favour.
On a Motion made,
Refolved, That an humble Addrefs be prefented to his Honour the Govemour to
acquaint him that this Houfe cannot think themfelves under any Obligation to provide
for the Pay of the Volunteers who joined Col. Bouquet from this Colony, or even jviftifi-
able in fo doing, as no Application had been made to, or any Diredtions given by them,
for the enlif ting f uch Volunteers ; but as they enlif ted in Confideration of the Pay and
Encouragement offered them by Col. Bouquet, they ought to apply to him for the Per-
formance of his Engagements to them, with which we have not the leaft Doubt of his
ready Compliance ; and that M'' Edmund Pendleton and M"" Richard Henry Lee do wait
on his Honour with the faid Addrefs.
An engroffed Bill entitled An Ad* to dock the Entail of 1800 Acres of Land in the
Parifh of Albemarle, and County of Suffex, whereof Nathaniel Harrifon the Younger is
feized in Fee Taille, and for vefting the fame in Truftees in Fee Simple for the Ufes therein
mentioned, was read the third Time, and the Blanks therein filled up.
Refolved, That the faid Bill do pafs.
Ordered, That M' Attorney do carry it up to the Council for their Concurrence.
M"" Henry Lee prefented to the Houfe, according to Order, a Bill For paying the
Biirgeffes
• Hening, VIII, p. 49. • Ibid., VIII, p. 47. a Ibid., VIII, p. 54. •• Ibid., VIII, p. 66.
204
205
20«
207
ao8
209
[ 293 ]
Burgeffes Wages for this prefent Seffion of Affembly in Money; and the faid Bill was
read the firft Time, and ordered to be read a fecond Time.
On a Motion made,
Ordered, That the Treafurer of this Colony lay his Accounts before the Houfe.
The Order of the Day being read for the Hoiife to refolve itfelf into a Committee
on the Bill To enable Tenants in Taille to make Leafes of their Lands.
Refolved, That this Houfe will refolve itfelf into a Committee on the faid Bill To-
morrow.
The Order of the Day being read for the Houfe to refolve itfelf into a Committee
on the Bill For amending and declaring the Law concerning the Efcape of Debtors out
of the Prifon Rules, and for other Purpofes therein mentioned.
Refolved, That this Houfe will refolve itfelf into a Committee on the faid Bill To-
morrow.
The Order of the Day being read for the Houfe to refolve itfelf into a Committee to
take into their Confideration the Addrefs to his Majefty, and the Memorials to the Lords
and Commons.
The Houfe immediately refolved itfelf into a Committee on the faid Addrefs and
Memorials; and after fome Time fpent therein, M"" Speaker refumed the Chair, and
M"" Attorney reported that the Committee had had the faid Addrefs and Memorials imder
their Confideration, and had made feveral Amendments to the faid Memorials, but none
to the Addrefs, which he was to deliver in at the Table.
Ordered, That the faid Report be made to the Houfe To-morrow.
And then the Houfe adjourned until To-morrow Morning 10 "'Clock.
Ifxiba^. X\)Q, 141^ of T>ecember. 5 (See. Ill 1764.
AN engroffed Bill entitled An Ad'^ to veft certain entailed Lands whereof William
Cary is feized in Allen Jones in Fee Simple, and for fettling other Lands and
Slaves to be pirchafed in Lieu thereof to the fame Ufes, was read the third Time.
Refolved, That the faid Bill do pafs.
Ordered, That M'' Smith do carry up the faid Bill to the Cotmcil for their Concurrence.
An engroffed Bill entitled An Ad' for vefting the ahfolute Property of certain Slaves
therein named in George Heal, Gentleman, and for fettling three certain Trads of Land
therein mentioned on the faid George Heal in Lieu of the faid Slaves, was read the third
Time.
Refolved, That the faid Bill do pafs.
Ordered, That M'' Landon Carter do carry up the faid Bill to the Coimcil for their
Concurrence.
An engroffed Bill entitled An Ad^ to dock the Entail of certain Lands whereof Richard
Todd is feized, and for fettling other Lands and Slaves in Lieu thereof, was read the third
Time.
Refolved, That the faid Bill do pafs.
Ordered, That M"' John Pendleton do carry up the faid Bill to the Council for their
Concurrence.
An engroffed Bill entitled An Ad* for exempting the Inhabitants of Elizabeth City
County, and alfo the Minifters and other Parifhioners of Suffolk in Nanfemond, and of
Antrim Parifh in Halifax, from the Payment of Ferriage, and for other Purpofes therein
mentioned, was read the third Time.
Refolved, That the faid Bill do pafs.
Ordered, That M'" Lemuel Riddick do carry up the faid Bill to the Council for their
Concurrence.
A Bill For making an equal Divifion of a Donation of one Matthew Godfrey between
the feveral Parifhes in the County of Norfolk, for the Benefit of their Poor was read a
fecond Time, and committed to M"" Bradley and M"" Hutchings.
M'
« Hening, VIII, p. 6i. ' Ibid., VIII, p. 63. 3 Ibid., VIII, p. 57. 4 Ibid., VIII, p. 52.
[ 294 ]
M' Bradley from the Perfons to whom the faid Bill was committed, reported that
they had examined into the Allegations thereof, and foimd them to be true and had made
fome Amendments thereto ; which he read in his Place, and then delivered the Bill with
the Amendments in at the Table, where they were again twice read, and agreed to by
the Houfe.
Ordered, That the faid Bill with the Amendments be engroffed, and read a third
Time.
An engroffed Bill entitled >ln ^^' to veft certain entailed Lands in Robert Lewis^
Gentleman, in Fee Simple, and for purchafing more convenient Lands to be fettled in Lieu
thereof, was read the third Time, and the Blanks therein filled up.
Refolved, That the faid Bill do pafs.
Ordered, That M'' Littlepage do carry up the faid Bill to the Council for their Con-
currence.
The Treafurer, according to Order, laid his Accotmts before the Houfe.
Ordered, That they do lie on the Table for the Perufal of the Members of this Houfe.
M"' Attorney, according to Order, reported the Amendments propofed by the Com- 210
mittee of the whole Houfe to the Memorials to the Lords and Commons; and he read
the fame in his Place, and then delivered them in at the Table, where they were again
twice read, and agreed to by the Houfe.
Ordered, That the faid Addrefs and Memorials, with the Amendments, as agreed,
be fairly tranfcribed.
Ordered, That M'' Attorney do go up with a Meffage to be Council, to acquaint them
that this Houfe have agreed upon an Addrefs to his Majefty, and Memorials to the Right
Honourable the Lords Spiritual and Temporal and the Commons of Great Britain in
Parliament affembled, and that this Houfe do defire they will join them therein, and
further, that they defire a Conference with them on the Subjedl Matter of the faid Addrefs
and Memorials, and will appoint a certain Number of their Members to meet fuch as
fhall be appointed by the Coimcil for that Purpofe.
Ordered, That M'' Attorney, W Richard Henry Lee, MJ Wythe, W Edmund Pendleton,
"W Gary, and M'' Fleming, be appointed Managers for this Houfe at the faid Conference.
The Order of the Day being read for the Houfe to refolve itfelf into a Committee on
the Bill For amending and further continuing the feveral A(5ls of Aff embly of this Colony
for amending the Staple of Tobacco, and preventing Frauds in his Majefty's Cuftoms.
Refolved, That this Houfe will again refolve itfelf into the faid Committee Tomorrow. 2u
The Order of the Day being read for the Houfe to refolve itfelf into a Committee on
the Bill For amending and declaring the Law concerning the Efcape of Debtors out of
the Prifon Rules, and for other Purpofes therein mentioned.
Refolved, That this Houfe will refolve itfelf into the faid Committee Tomorrow.
The Order of the Day being read for the Houfe to refolve itfelf into a Committee on
the Bill To enable Tenants in Taille to make Leafes of their Lands.
Refolved, That this Houfe will refolve itfelf into the faid Committee Tomorrow,
And then the Houfe adjourned until Tomorrow Morning 10 "'Glock.
Salurba^. t^e I5t^ of TDecember, 5 <Beo. Ill 1764.
MR Richard Henry Lee, from the Committee to whom the Petition oi Aaron Miller
was referred, reported that they had examined the Inf truments mentioned in
the faid Petition, and were of Opinion that Surveys of Land may be made and
plotted by them with greater Accuracy than any Inf truments of the Kind that
they have ever feen or heard of ; and that the Invention is ingenious, and deferves the
Publick's Encouragement ; and that they had come to a Refolution, which he read in 21a
his Place, and then delivered in at the Table, where it was again twice read, and agreed
to by the Hotife, as follows :
Refolved
• Hening, VIII, p. 59.
[ 295 ]
Refolved, That the faid Aaron Miller ought to be allowed the Sum of £^o, as a
Conlideration for his ufeful Invention.
Ordered, That the faid Refolve be engroffed, and that M"" Richard Henry Lee do carry
it up to the Council for their Concurrence.
A Meffage from the Coimcil by M'' Walthoe.
That they have agreed to the Bill entitled An Adt ' for exempting the Inhabitants of
Elizabeth City County, and aKo the Minifters and other Parifhioners of Suffolk in Nanfe-
tnond, and of Antrim Parifh in Halifax, from the Payment of Ferriage, and for other
Purpofes therein mentioned.
Alfo to the Bill entitled An Adl^ for altering the Court Days of the Counties of Fauquier,
Loudoun, Louifa, and Fairfax. • . . *^'-
Alfo to the Bill entitled An Adt^ to dock the Entail of certain Lands whereof Richard
Todd is feized, and for fettling other Lands and Slaves in Lieu thereof.
Alfo to the Bill entitled An Adt-* to veft certain entailed Lands whereof William Cary
is feized in Allen Jones in Fee Simple, and for fettling other Lands and Slaves to be pur-
chafed in Lieu thereof to the fame Ufes.
213 Alfo to the Bill entitled An Adl' to veft certain Lands therein mentioned in John Syme,
Efq ; and others, in Fee Simple, and for fettling other Lands and Slaves in Lieu thereof.
Alfo to the Bill entitled An Adt* for vef ting the abfolute Property of certain Slaves
therein named in George Heal, Gentleman, and for fettling three certain Tradts of Land
therein mentioned on the faid George Heal in Lieu of the faid Slaves, without any Amend-
ments.
And that they have agreed to the Bill entitled An Adt7 to dock the Entail of 1800 Acres
of Land in the Parifh of Albemarle, in the County of Suffex, whereof Nathaniel Harrifon
the yotmger is feized in Fee Taille, and for vefting the fame in Truftees in Fee Simple
for the Ufes therein mentioned.
Alfo to the Bill entitled An Adl^ for encouraging the Settlement of the Towns of
Alexandria and Falmouth, and for other Purpofes therein mentioned, with fome Amend-
ments, to which they defire the Concurrence of this Houfe.
The Houfe immediately proceeded to the Confideration of the Amendments propofed
by the Council to the Bill entitled An Ad^ to dock the Entail of 1800 Acres of Land in the
Parifh of Albemarle, in the County of Suffex, whereof Nathaniel Harrifon the younger
is feized in Fee Taille, and for vefting the fame in Truftees in Fee Simple for the Ufes
therein mentioned; and the fame being read, were agreed to.
Ordered, That M"" Attorney do go up to the Coimcil and acquaint them therewith.
214 The Houfe alfo proceeded to confider the Amendments propofed by the Council
to the Bill entitled AnAd'° for encouraging the Settlement of the Towns of Alexandria and
Falmouth, and for other Purpofes therein mentioned, and the fame being read, were agreed
to.
Ordered, That M"" Attorney do go up to the Council and acquaint them therewith.
M'' Attorney from the Committee of Propofitions and Grievances, to whom the Bill
For appointing feveral new Ferries, and for other Purpofes therein mentioned, was
committed, reported that the Committee had made feveral Amendments thereto ; which
he read in his Place, and then delivered the Bill with the Amendments in at the Table,
where the Amendments were again twice read, and agreed to.
Ordered, That the faid Bill, with the Amendments, be engroffed, and read a third
Time.
The Houfe, according to Order, refumed the adjourned Confideration of the Book
of Claims; and the remaining Part thereof was read, and the Allowances of the feveral
Officers being added, it was agreed to by the Houfe.
Ordered, That M'' Cary do carry up the faid Book to the Council for their Concurrence.
A Meffage from the Coimcil by M"" Walthoe.
That
• Hening, VIII, p. 52. * Ibid., VUl, p. 61. 7 Ibid., Vlll, p. 66. o Ibid., Will, p. 66.
» Ibid., VIII, p. 47. 5 Ibid., VIII, p. 54. * Ibid., VIII, p. 49- " Ibid., VIII, p. 49-
3 Ibid.', VIII, p. 57. * Ibid., VIII, p. 63.
216
[ 296]
That they have agreed to the Bill entitled An Adl - to veft certain entailed Lands in 215
Robert Lewis, Gentleman, in Fee Simple, and for purchafing more convenient Lands to be
fettled in Lieu thereof.
M"" Attorney, from the Committee of Propofitions and Grievances, reported that the
faid Committee had had under their Confideration that Part of the Report of the Com-
miflioners appointed by an Adl of Affembly entitled An Ad' for appointing Commiffioners
to examine and ftate the Accounts of the Militia lately ordered out into adual Service, and
for other Purpofes therein mentioned, as relates to the Condudt and Services of Col. Adam
Stephen therein named ; alfo the Charge exhibited in Writing againft the faid Col.
Stephen, and refie(fting upon his Condudt, by M"' Thomas Rutherford, a Member of this
Houfe, to them referred ; and having heard as well the faid M"" Rutherford as Col. Stephen,
and the Depofitions of fundry Witneffes taken by Order of the Houfe upon the Subjedl
Matter of the faid Charge, had agreed upon a Report, and come to feveral Refolutions
thereon; which he read in his Place, and then delivered in at the Table, where they
were again twice read, and agreed to by the Houfe, with fome Amendments, as follow:
Your Committee beg Leave to inform the Houfe that the Charge exhibited by
M'' Rutherford againft Col. Stephen conlifts of the following Aritcles, viz.
i'*. That he had, by Perfuafions, Orders, Threats, and Influences, prevented many
Perfons from joining as Volunteers in the Expedition commanded by Col. Bouquet
againft the Indian Towns the Ohio, &c.
2^. That he had at feveral Times ordered the Militia in the adlual Service of the
Country out of this Colony, to the Forts Cumberland in Maryland, and Bedford in Penn-
fylvania, to efcort Waggons and Pack-Horfes, with Flower and Beeves, his own Property,
in Compliance with his own private Engagements, &c. and that the drawing off the
Militia at fuch particular Times rendered the feveral Garrifons from whence they were
taken fo weak that they were infufflcient to protecft the Frontiers from the Incurfions
of the Indians, who at that Seafon were daily expedted, and did adlually come down
within the Settlements, and kill and carry away many of the Inhabitants. And
3^. That he fent Waggons from the South Branch to Hite's Mill, near his own
Plantation, for his own Flower, to fupply the feveral Garrifons on the Frontiers, when
the fame might have been had much nearer, as cheap and as good.
As to the firft Article of the faid Charge, your Committee beg Leave to inform the
Hovife that it appears to them that M"' Rutherford having intimated to Col. Bouquet that
in his Opinion a Number of Volunteers might be raifed in this Colony, to join him in his
intended Expedition againft the Indians, Col. Bouquet, by Letter of the 18* of June 1764
to M'' Rutherford, expreffed his Cheerful Acceptance of their Services, and promifed to
fupply fuch Volunteers as would join him] therein with Ammimition and Povifions,
defiring his good Offices in promoting that Service, and advifmg that fome of them
would ferve on Horfeback, to join his Light Horfe, and giving it as his Opinion that
large Dogs might alfo be of Service to difcover and purfue the Enemy : That M^ Ruther-
ford, in Anfwer to this Letter, informed Col. Bouquet that he would write to the Gov-
emour to defire his Permiffion for a Number of the Militia then in Service on the Frontiers
to enter themfelves as Volvmteers in the faid Expedition; and that if the Govemour
fhould be averfe to his Propofal, he would then exert all his Intereft to procure a Number
of Volunteers to go upon his Terms : That Col. Lewis commanded the Militia in Augufta;
that he was a Gentleman of great Intereft in that County, and had the Common Caufe
much at Heart ; that a few Lines to him upon the Subject might not be amifs; and that
Col. Stephen, who commanded the Militia in Frederick and Hampfhire, might poffibly
look for the like Compliment; That foon after M^ Rutherford, in Company with M'
James Keith and others, laid Col. Bouquet's Letter to him before Col. Stephen, who
expreffed his Difapprobation of the intended Expedition ; that he thought Col. Bouquet
the moft improper Perfon for that Command, and that he was convinced he would pro-
ceed no further than Pittfburg; that all he wanted was to make a Noife and Parade, and
£0 the Matter would end ; that the Colony was very capable of undertaking the Expedi-
tion
> Hening, VIII, p. 59. = Ibid., VIII, p. 9.
217
218
[ 297 ]
tion themfelves, and that it was a Shame to give that Credit and Honour to Col. Bouquet,
which we might reap ourfelves ; That Col. Stephen at other Times expreffed his Diflike
of the faid intended Expedition in much the fame Terms, and threatened fome of the
Officers and Soldiers under his Command that if they went out as Volunteers in the faid
Expedition they fhould be deprived of their Commiffions, and fhould not receive any
Pay for the Services they had done. On the other Hand, your Committee beg Leave
to obferve that many other Perfons were examined (who were prefent at the Time it
was faid Col. Stephen attempted to diffuade People from entering as Volimteers in the
faid Expedition, particularly at the Houfe of one Robert Cunninghame, where one James
Chew, who was a Lieutenant in Capt. Morgan's Company of Militia, and others, depofed
that they heard him make Ufe of fuch Diffuafions and Threatenings) who declared that
219 they did not hear Col. Stephen at that, or any other Time, attempt to dif courage the
Volunteer Scheme, or endeavour to diffuade any Perfon whatfoever, either by Threats
or any other indirect Pradtices, from joining Col. Bouquet on his Expedition: And it
further appears to your Committee that Col. Stephen, having received a Letter from
his Honour the Govemour of the iS'*' and 20* of Auguft laft, granting his Permiflion
to all Perfons that fhould think proper to join Col. Bouquet as Volunteers, on the En-
couragement and Terms he fhould offer them, and diredting him to fecond his Intentions
as far as the Laws of the Colony would permit. Col. Stephen thereupon immediately
fent circular Orders to the Officers of the Militia under his Command, at their different
Pofts, to encourage and promote the enlifting Voliinteers for the faid Expedition, and
did ufe his beft Endeavours in that Service : And therefore,
Refolved, That the faid Col. Stephen has not fully acquitted himfelf of the firft
Article of the faid Charge.
Your Committee then proceeded to examine the Evidence offered on both Sides,
on the fecond Article of the faid Charge, and beg Leave to inform the Houfe that it
appears to them that in the Year 1763 Col. Stephen having engaged with the Contra(5tors
for fupplying the King's Forces with Provifions, to fumifh them with a Quantity of
220 Flower to be delivered at Forts Cumberland and Bedford, and a Number of Beeves to be
delivered at Fort Bedford, employed Parties of the Militia under his Command to efcort
them thither refpecftively , which was accordingly executed, and were a very f eafonable
fupply to the Garrifon at Fort Bedford, who were fhort of Provifions at the Time of their
being fent there, and had preffed Col. Stephen very much to affift them; and that Col.
Stephen paid the Expenfe of the Pafturage of the Cattle on their Way up himfelf.
It further appears to your Committee that in the Spring of the following Year Col-
Stephen received a Letter from Capt. Ourry, Commandant at Fort Bedford, enclofmg
another from the above mentioned Contradtors, in which they informed him that as he had
not complied with his Contradl, in delivering the Flower he had engaged at the Times
agreed on, he could not take it hard if they did not receive it according to the Terms of
the firft Contradl ; but that they had, upon the Requeft of Col. Bouquet, come to a Deter-
mination to receive what he could deliver by the 4* of June at Bedford, or the 4"^ of Sep-
tember at Pittfburg, and allow him the Market Price : That Col. Stephen thereupon im-
preffed a Number of Waggons, and ordered out Parties of the Militia, ftationed at fev-
eral of the Forts and Pofts in his Department, to efcort them to Fort Cumberland, and
321 gave out that they were to go no fiuther : That they were there loaded with Flower be-
longing to Col. Stephen, which he had in Store at that Fort, and from thence proceeded
to Fort Bedford under the fame Efcort, many of whom declared that they did not think
themfelves obliged to that Service, being out of the Colony, and threatened to return
home, but were at length prevailed on by Col. Stephen to proceed: That Col. Stephen
himfelf paid for the Waggonage of the Flower, and that they were about three Days en-
gaged in that Service, and that Col. Stephen gave orders to efcort any Perfons carrying
their Commodities to Fort Bedford.
It appears that during the Abfence of thefe Parties from their Pofts two Men were
killed in the Neighbourhood of Foreman's Fort by the Indians, and fome near Win-
chefter; but that thofe Forts were not more weakened by thof e Draughts than they ufually
were upon fending out fcouting Parties.
It
!rtlon5aY. t^e 171^ of T>ecember. 5 (Beo, III 1764.
MR. Edmund Pendleton, from the Committee to whom it was referred to afcer-
tain the Price of fimdry Indian Goods belonging to the Publick, purchafed
by M"' Ifrael Chriftian without a Price agreed on, reported that the Com-
mittee had had the fame under their Confideration, and had agreed upon a
Report, and come to feveral Refolutions thereon ; which he read in his Place, and then
delivered in at the Table, where they were again twice read, and agreed to, as follow:
It appears to your Committee that M'' Chriftian purchafed of M"' Thomas Walker
fundry Goods belonging to the Publick, amotmting (as rated by us) to ;^i36. 13. 9 ; after
which M"" Chriftian, in his Way to the Cherokee Country, received from Capt. William
Ingles
223
[ 298 ]
It further appears to your Committee that as well the Militia who were in adtual Ser-
vice at and about Fort Cumberland, as the Inhabitants who were driven from their Plan-
tations by the Indians, and took Refuge there, were fupplied with Provifions out of the
King's Stores at that Fort.
Refolved, That M"- Rutherford had proved the fecond Article of the faid Charge
againft Col. Stephen, and that he was guilty of a Breach of his Duty in fending out Ef-
corts of the Militia under his Command in fuch Services.
Your Committee then proceeded to an Inquiry and Examination of the third and
laft Article of the faid Charge, and beg Leave to inform the Houfe that it appears to them
that it being impradicable to procure Flower for the Ufe of the Militia ftationed on and
about the South Branch and Patterfon's Creek, in that Neighbourhood, Col. Stephen
impreffed a Number of Waggons, and fent them to Jacob Hite's Mill, near his own Plan-
tation, and one alfo to John Hite's Mill, where they took in as well as his own Flower as
fome he had purchafed of other People, which was tranfported to thofe Pofts for the
Ufe of the Militia : It appears that Jacob Hite's Mill was about 19 Miles, and John Hite's
4 Miles, diftant from Wtnchefter; and that Flower might have been procured at a lefs Dif-
tance, but it does not appear that Col. Stephen knew it : And it appears to your Com-
mittee to have been the conftant Tenour of Col. Stephen's Orders, to the Officers of the
Mihtia under his Command, to procure Flower and other Provifions for their Men as
near them, and with as little Expenfe to the Coimtry, as they poffibly could.
Refolved, That Col. Stephen hath acquitted himfelf of the third Article of the laid 223
Charge.
Refolved, That the faid Col. Stephen ought to be allowed the Pay of a County Lieu-
tenant only during the Time he was employed in the Service of the Country.
Refolved, That Col. Adam Stephen hath difcharged his Duty (faving in the two In-
ftances before mentioned) as a brave, adlive, and fkilful Officer.
The Order of the Day being read for the Houfe to refolve itfelf into a Committee on
the Bill For amending and further continuing the feveral Adls of Affembly of this Col-
ony for amending the Staple of Tobacco, and preventing Frauds in his Majefty's Cuf-
toms.
Refolved, That this Houfe will again refolve itfelf into the faid Committee on Mon-
day next.
The Order of the Day being read for the Houfe to refolve itfelf into a Committee on
the Bill For amending and declaring the Law concerning the Efcape of Debtors out of
the Prilion Rules, and for other Purpofes therein mentioned.
Refolved, That this Houfe will refolve itfelf into the faid Committee on Monday
next.
The Order of the Day being read for the Houfe to refolve itfelf into a Committee on
the Bill To enable Tenants in Taille to make Leafes of their Lands.
Refolved, That this Houfe will refolve itfelf into the faid Committee on Monday
next.
And then the Houfe adjourned until Monday Morning 10 "'Clock.
224
[ 299 ]
Ingles £ome other Indian Goods belonging to the Publick, now valued to £6$. i6. 3, but
whether the laft mentioned Goods were purchafed, or taken by M"^ Chriftian to be fold
on Account of the Publick does not appear. It further appears that Part of the Goods
were fold in the Indian Country ; and as M'' Chriftian was returning home he was pur-
fued by the Indians, and all his Effedls taken from him and loft.
22* Refolved, That the faid M'' Chriftian ought to pay to the Treafurer, for the Ufe of the
Publick, the faid ;^i36. 13. 9 for the firft mentioned Goods.
Refolved, That the Reiidue of the faid Account ought to be referred to the Confidera-
tion of the next Seffion of Affembly.
An engroffed Bill entitled An Ad' for appointing feveral new Ferries, and for other
Purpofes therein mentioned, was read the third Time, and the Blanks therein filled up.
Refolved, That the faid Bill do pafs.
Ordered, That M'' Attorney do carry it up to the Coimcil for their Concurrence.
A Meffage from the Council by M'' Walthoe.
That they have agreed to the Conference de fired by this Houfe upon the Subjed Mat-
ter of the Addrefs to his Majefty, and Memorials to the Lords and Commons, and have ap-
pointed three of their Members for that Purpofe, who are now ready in the Conference Cham-
ber to meet the Members of this Houfe.
Ordered, That the Managers appointed by this Houfe do immediately attend thofe
of the Council in the Conference Chamber ; and they accordingly withdrew.
An engroffed Bill entituled An Ad' to dock the Entail of certain Lands whereof John
Gregg is feized, and for fettling other Lands and Slaves to be purchafed in Lieu thereof to
the fame Ufes, was read the third Time.
Refolved, That the faid Bill do pafs.
22e Ordered, That M-- Henry Lee do carry up the faid Bill to the Coimcil for their Con-
currence.
M'' Attorney reported that the Managers for this Houfe had, according to Order,
met thofe of the Coimcil in the Conference Chamber, and delivered the Addrefs and Me-
morials to them ; which they received, and then withdrew.
The Order of the Day being read for the Houfe to refolve itfelf into a Committee on
the Bill For Amending and further continuing the feveral Adts of Affembly of this Col-
ony for amending the Staple of Tobacco, and preventing Frauds in his Majefty's Cuf-
toms.
Refolved, That this Houfe will again refolve itfelf into a Committee on the faid Bill
on the I '' Day of May next.
A Meffage from the Council by M' Walthoe.
That they defire an immediate Conference on the Subjed Matter of the laft Conference,
in the Conference Chamber.
Ordered, That the Managers who were appointed to manage the firft Conference do
forthwith withdraw, and attend the Conference defired by the Council; and they with-
drew accordingly.
The Houfe, according to Order, refolved itfelf into a Committee on the Bill For
amending and declaring the Law concerning the Efcape of Debtors out of Prifon Rules,
and for other Purpofes therein mentioned ; and after fome Time fpent therein M' Speaker
227 refumed the Chair, and M^ Attorney reported that the Committee had had the faid
Bill under their further Confideration, and gone through the fame, and had made fev-
eral Amendments thereto, which they had diredled him to report to the Houfe.
Ordered, That the faid Amendments be reported to the Houfe Tomorrow.
M'
> Hening, VIII, p. 44. ' Not paffed until Oct. 1765
[ 300 ]
M'' Attorney reported that the Managers for the Houfe, had, according to Order,
met the Managers for the Council in the Conference Chamber, who had acquainted
them that the Council had confidered the Addrefs of the Houfe to his Majefty, and
approved of the fame ; and that they had likewife confidered the two Memorials to the
Lords and Commons, and had made feveral Amendments to them, to which they defire
the Concurrence of this Houfe.
The Order of the Day being read, the Houfe immediately refolved itfelf into a Com-
mittee on the Bill To enable Tenants in Taille to make Leafes of their Lands ; and after
feme Time fpent therein, M'' Speaker refumed the Chair, and M"" Attorney reported that
the Committee had gone through the faid Bill, and had made feveral Amendments there-
to ; which he read in his Place, and then delivered in at the Table, where they were twice
read, and agreed to.
Ordered, That the faid Bill, with the Amendments, be engroffed, and read a third 228
Time.
On a Motion made.
Ordered, That a Committee be appointed to examine and ftate the Accounts of the
Expenfes incurred by M"" Rutherford on his Information exhibited to this Hoiife againft
Col. Adam Stephen, and that it do confift of the following Perfons, viz. M"" Edmund Pen-
dleton, M'' Fleming, and M'' Walker.
An engroffed Bill entitled An Ad' for giving a greater Reward for killing Wolves was
read the third Time, and the Blanks therein filled up ; and the Queftion being put that
the faid Bill do pafs,
It paffed in the Negative.
Refolved, That the faid Bill be reje(5led.
And then the Houfe adjourned until Tomorrow Morning 10 "'Clock
I5ue56a?, t^e ISt^ of T>ecember» 5 (5eo, III. 1764.
AN engroffed Bill entitled An Ad'' for making an equal Divifion of a Donation of
one Matthew Godfrey, between the feveral Parifhes in the County of Norfolk, for
the Benefit of their Poor, was read the third Time, and the Blanks therein
filled up.
Refolved, That the faid Bill do pafs.
Ordered, That M'' Bradley do carry up the faid Bill to the Council for their Concur-
rence.
On a Motion made, 229
Ordered, That Leave be given to bring in a Bill To amend an Adl entitled An Ad^
for giving a Reward for killing Wolves, and it is referred to M'' James Mercer to prepare
and bring in the fame.
On a Motion made,
Refolved, That the Clerk of the Publick Treafury be allowed the annual Salary of
;^3oo for his Services in that Office.
M'' Pendleton, from the Committee to whom it was referred to examine and ftate
an Accoimt of the Expenfes incurred by M'' Rutherford on his Information exhibited
againft Col. Adam Stephen, reported that they had had the fame under their Confidera-
tion, and come to a Refolution thereon ; which he read in his Place, and then delivered
in at the Table, where it was again twice read and agreed to by the Houfe, as follows :
Refolved, That M"- Thomas Rutherford be paid by the Publick the Simi of £^1 for
his Expenfes in the Information againft Col. Adam Stephen.
Ordered, That the faid Refolve be engroffed, and that M"" Edmund Pendleton do
carry it up to the Covmcil for their Concurrence.
The
■ Hening, VIII, p. 48. ' Not paffed until Oct. 1765. 3 Hening, VI, p. 152.
[ 30I ]
The Houfe took into Confideration the Amendments propofed by the Council to
330 the Memorials to the Lords and Commons; and the fame being read were agreed to,
with an Amendment.
Ordered, That the Managers appointed by this Hoiife do go up with a Meffage to the
Coimcil to acquaint them therewith, and that this Houfe do delire another Conference
with them thereupon, and had appointed the fame Managers for that Purpofe as before.
A Meffage from the Council by M'' Walthoe.
That they have agreed to the Book of Claims.
Alfo that they have agreed to the Bill entitled An A(5t« to dock the Entail of certain
Lands whereof John Gregg is feized, and for fettling other Lands and Slaves to be pur-
chafed in Lieu thereof to the fame Ufes.
Alfo to the Bill entitled An Adl" for making an equal Divifion of a Donation of one
Matthew Godfrey between the feveral Parifhes in the County of Norfolk, for the Benefit
of their Poor.
Alfo to the Bill entitled An Adl^ for appointing feveral new Ferries, and for other
Purpofes therein mentioned.
Alfo to a Refolve of this Houfe For allowing M' Aaron Miller the Sum of £jo for the
Services therein mentioned.
And that a Petition of John Eamfhaw, Gabriel Cay and Walter Hatton, addreffed
231 to the Governour and Council, had been read in Council, and was by them referred to the
Confideration of this Houfe.
Ordered, That M'' Gary do wait on his Honour the Governour with the Book of
Claims, and delire his Affent thereto.
The Houfe proceeded to the Confideration of the Petition of the faid Eamfhaw,
Cay, and Hatton; and the fame was read, fetting forth that the Petitioner John Eamfhaw
is appointed Comptroller of his Majefty's Cuftoms for the Upper Diftridt of James River,
with a Salary of £^o Sterling Per Annum; that the Petitioner Gabriel Cay is appointed
Comptroller of the Lower Diftridt of the faid River, with a Salary of ;^5o Sterling per
Annum; and your Petitioner Walter Hatton is appointed Comptroller of the Diftridt of
Accomack, with a Salary of ;;^4o Sterling per Annum; to be paid by the Commiffioners
of his Majefty's Cviftoms in London: That the faid Salaries are too fmall and inconfider-
able for their Trouble in their faid Offices, as well as infufficient for their Support and
Maintenance ; and praying that they may be allowed the fame Fees on all Veffels trading
to this Colony as are allowed by Law to the CoUedtors of his Majefty's Cuftoms in this
Colony, or fuch other Fees as fhall be thought reafonable ; or that their Salaries may be
332 increafed in fuch Manner as this Houfe fhall think fit. And the Queftion being put that
the faid Petition be referred to a Committee.
It paffed in the Negative.
Refolved, That the faid Petition be rejedted.
A Meffage from the Council by M'' Walthoe.
That they have agreed to the Conference defired by this Houfe, and that their Managers
are now ready in the Conference Chamber.
Ordered, That the Managers appointed by this Hovife do attend thofe appointed
by the Council in the Conference Chamber ; and they accordingly withdrew.
M'' Attorney, according to Order, reported that the Amendments propofed by the
Committee of the whole Houfe to the Bill For amending and declaring the Law concern-
ing the Efcape of Debtors out of the Prifon Rules, and for other Purpofes therein men-
tioned; and he read the fame in his Place, and then delivered them in at the Table,
where they were again twice read, and agreed to by the Houfe,
Ordered,
» Not palfed until Oct. 1765. > Not paffed until Oct. 1765. 3 Hening, VIII, p. 44.
[ 302 ]
Ordered, That the £aid Bill with the Amendments be engroffed, and read a third
Time.
M"" Attorney reported that the Members of the Council and this Houfe had met in
the Conference Chamber, and that the Council had agreed to the Amendments propofed
by this Houfe to thofe made by the Council to the Memorials to the Lords and Commons.
Ordered, That the Committee of Correfpondence do tranfmit fair Copies of the 233
Addrefs to his Majefty, and the Memorials to the Lords and Commons, to the Agent
for this Colony, in Order to their being refpedlively prefented ; and that the fame be
inferted in the Journal of this Houfe, as follow:
To the King's Moft Excellent Majefty.
Mo ft gracious Sovereign,
We your Majefty' s dutiful and loyal Suhjeds, the Council and Burgeffes of your
ancient Colony and Domi-nion of Virginia, now met in General Affembly, beg Leave to
affure your Majefty of our firm and inviolable Attachment to your facred Perfon and
Government; and as your faithful Subjeds here have at all Times been zealous to demonftrate
this Truth, by a ready Cotnpliance with the Royal Requifitions during the late War, by which
a heavy and oppreffive Debt of near Half a Million hath been incurred, fo at this Time they
implore Permiffion to approach the Throne with humble Confidence, arid to intreat that
your Majefty will be gracioufly pleafed to proted your People of this Colony in the Enjoy-
ment of their ancient and ineftimable Right of being governed by fuch Laws refpeding their
internal Polity and Taxation as are derived from their own Confent, with the Approbation
of their Sovereigti or his Subftitute: A Right which as Men, and Defcendents of Britons,
they have ever quietly poffeffed fince firft by Royal Permiffion and Encouragement they 234
left the Mother Kingdom to extend its Cominerce and Dominion.
Your Majefty's dutiful Subjeds of Virginia moft humbly and unanimoufly hope that
this invaluable Birthright, defccnded to them from their A nceftors, and in which they have been
proteded by your Royal Predeceffors, will not be fuffered to receive an Injury under the
Reign of your Sacred Majefty, already fo illuftrioufly diftinguifhed by your gracious
Attention to the Liberties of the People.
That your Majefty may long live to make Nations happy is the ardent Prayer of your
faithful Subjeds, the Council and Burgeffes of Virginia.
To the Right Honourable the Lords Spiritual and Temporal in Parliament affembled:
The Memorial of the Council and Burgeffes of Virginia, now met in General Affembly,
Humbly reprefents,
That your Memorialifts hope on Application to your Lord f hips, the fixed and hereditary
Guardians of Britifh Liberty, will not be thought improper at this Time, when Meafures
are propofed fubverfive, as they conceive, of that Freedom which all Men, efpecially thofe
who derive their Conftitution from Britain, have a Right to enjoy; and they flatter themfelves
that your Lordfhips will not look upon them as Objeds fo unworthy your Attention as to
regard ayiy Impropriety in the Form or Manner of their Application, for your Lordfhips
Protedion of their juft and undoubted Rights as Britons.
It cannot be Prefumption in your Memorialifts to call themfelves by this diftinguifhed
Name, fince they are defce-nded from Britons who left their native Country to extend its
Territory and Dominion, and who happily for Britain, and as your Memorialifts once
thought for themfelves too, effeded this Purpofe. As our Anceftors brought with them every
Right and Privilege they coidd with Juftice claim in their Mother Kingdom, their Defcendents
may conclude they cannot be deprived of thofe Rights without Injuftice.
Your Memorialifts conceive it to be a fundamental Principle of the Britifh Conftitution,
without which Freedom can no Where exift, that the People are not fubjed to any Taxes but
fuch as are laid on them by their own Confent, or by thofe who are legally appointed to
reprefent them: Property muft become too precarious for the Genius of a free People which
can be taken from them at the Will of others, who cannot know what Taxes fuch People
can bear, or the eafieft Mode of raifing them; and who are not under that Reftraint, which
is
235
[ 303 ]
236 is the greateft Security againft a burthenfome Taxation, when the Reprefentatives themfelves
muft he affeded by every Tax impofed on the People.
Your Memorialifts are therefore led into an humble Confidence that your Lordfhips
will not think any Reafon fujficient to fupport fuch a Power in the Britifh Parliament,
where the Colonies cannot be reprefented; a Power never before conftitutionally affumed,
and which if they have a Right to exercife on any Occasion muft neceffarily eftablifh this
melancholy Truth, that the Inhabitants of the Colonies are the Slaves of Britons, from whom
they are defcended, and from whom they might exped every Indulgence that the Obligations
of Intereft and Affedion can entitle them to.
Your Memorialifts have been invefted with the Right of taxing their own People from
the firft Eftablifhment of a regular Government in the Colony, and Requifitions have been
conftantly made to them by their Sovereigns on all Occafions when the Affiftance of the
Colony was thought neceffary to preferve the Britifh Intereft in America; from whence
they muft conclude they cannot now be deprived of a Right they have fo long enjoyed, and
which they have never forfeited.
The Expenfes incurred during the laft War, in Compliance with the Demands on this
237 Colony by our late and prefent moft gracious Sovereigns, have involved us in a Debt of near
Half a Million; a Debt not likely to decreafe under the continued Expenfe we are at in pro-
viding for the Security of the People againft the Incurflons of our favage Neighbours, at a
Time when the low ftate of our Staple Commodity, the total Want of Specie, and the late
Reftridions upon the Trade of the Colonies, render the Circumftances of the People extremely
diftreffful, and which, if Taxes are accumulated upon them by the Britifh Parliament, will
make them truly deplorable.
Your Memorialifts cannot fuggeft to themfelves any Reafon why they fhould not ftill
be trufted with the Property of their People, with whofe Abilities, and the leaft burthenfome
Mode of taxing (with great Deference to the fuperior Wifdom of Parliament) they muft be
beft acquainted.
Your Memorialifts hope they fhall not be fufpeded of being aduated on this Occafion
by any Principles but thofe of the pureft Loyalty and Affedion as they always endeavoured
by their Condud to demonftrate that they confider their Connexions with Great Britain, the
Seat of Liberty, as their greateft Happinefs.
The Duty they owe to themfelves and their Pofterity lays your Memorialifts under the
238 Neceffity of endeavouring to eftablifh their Conftitution upon its proper Foundation; and
they do moft humbly pray your Lordfhips to take this Subjed into your Confideration with
the Attention that is due to the Well being of the Colonies, on which the Profperity of Great
Britain does in a great Meafure depend.
To the Honourable the Knights, Citizens, and Burgeffes of Great Britain, in Parliament
affembled:
The Remonftrance of the Council and Burgeffes of Virginia.
It appearing by the printed Votes of the Houfe of Commons of Great Britain in Parlia-
ment affembled that in a Committee of the whole Houfe, the I'j^^ Day of March laft, it was
refolved that towards defending, proteding, and fecuring the Britifh Colonies and Planta-
tions in America, it may be proper to charge certain Stamp Duties in the faid Colonies and
Plantations; and it being apprehended that the fame Subjed, which was then declined, may
he refumed and further purfued in a fucceeding Seffion, the Council and Burgeffes of
Virginia, met in General Affembly, judge it their indifpenfable Duty, in a refpedful
Manner, but with decent Firmnefs, to remonftrate againft fuch a Meafure, that at leaft a
Ceffion of thofe Rights, which in their Opinion muft be infringed by that Procedure, may
not be inferred from their Silence, at fo important a Crifis.
They conceive it is effential to Britifh Liberty that Laws impofing Taxes on the People
ought not to be made without the Confent of Reprefentatives chofen by themfelves; who, at
the fame Time that they are acquainted with the Circumftances of their Conftituents, fuftain
a Proportion of the Burthen laid on them. This Privilege, inherent in the Perfons who
difcovered and fettled thefe Regions, could not be renounced or forfeited by their Removal
hither.
339
[ 304 ]
hither, not as Vagabonds or Fugitives, but licenfed and encouraged by their Prince and ani-
mated with a laudable Defire of enlarging the Britifh Dominion, and extending its Com-
merce: On the contrary, it was fecured to them and their Defcendents, with all other Rights
and Immunities of Britifh Subjeds, by a Royal Charter, which hath been invariably recog-
nifed and confirmed by his Majefty atid his Predeceffors in their Commiffions to the feveral
Governours, granting a Power, and prefcribing a Form of Legifiation; according to which,
Laws for the Adminiftration of Juftice, and for the Welfare and good Government of the
Colony, have been hitherto enaded by the Governour, Council, and General Affembly, and
to them Requifitions and Applications for Supplies have been direded by the Crown. As
an Inftance of the Opinion which former Sovereigns entertained of thefe Rights and Privi-
leges, we beg Leave to refer to three Ads of the General Affembly pa f fed in the 32^ Year 2«
of the Reign of King Charles II {one of which is entitled An Adl for raifmg a Publick
Revenue for the better Support of the Government of his Majefty's Colony of
Virginia, impofing feveral Duties for that Purpofe) which they thought abfolutely
neceffary, were prepared in England, and fent over by their then Governour, the Lord
Culpeper, to be pa f fed by the General Affembly, with a full Power to give the Royal A f fent
thereto; and which were accordingly paffed, after feveral Amendments were made to them
here: Thus tender was his Majefty of the Rights of his American Subjeds; and the Remon-
ftrants do not difcern by what Diftindion they can be deprived of that f acred Birthright and
mx)ft valuable Inheritance by their Fellow Subjeds, nor with what Propriety they can be
taxed or affeded in their Eftates by the Parliament, wherein they are not, and indeed cannot,
conftitutionally be reprefented.
And if it were proper for the Parliament to impofe Taxes on the Colonies at all, which
the Remonftrants take Leave to think would be inconfiftent with the fu}idaniental Princi-
ples of the Conftitution, the Exerctfe of that Power at this Time would be ruinous to Virginia,
who exerted her f elf in the late War it is feared beyond her Strength, infomuch that to redeem
the Money granted for that Exigence her People are taxed for feveral Years to come: This, with 241
the large Expenfes incurred for defending the Frontiers again ft the re file fs Indians, who have
infefted her as much fince the Peace as before, is fo grievous that an Increafe of the Burthen
will be intolerable; efpecially as the People are very greatly diftreffed already from the
Scarcity of circidating Cafh amongft them, and from the little Value of their Staple at the
Britifh Markets.
And it is pre fumed that adding to that Load which the Colony now labours under will
not be more oppreffive to her People than deftrudive of the Inter efts of Great Britian : For
the Plantation Trade, confined as it is to the Mother Country, hath been a principal Means
of multiplying and enriching her Inhabitants; and, if not too much difcouraged, inay prove an
inexhauftable Source of Treafure to the Nation. For Satiffadion in this Point, let the pre-
fent State of the Britifh Fleets and Trade be compared with what they were before the Settle-
ment of the Colonies; and let it be confidered that whilft Property in Land may be acquired
on very eafy Terms, in the vaft uncultivated Territory of North America, the Colonifts will
be moftly, if not wholly, employed in Agriculture; whereby the Exportation of their Com-
modities of Great Britain, and the Confumption of their Manufadures fupplied from thence, 242
will be daily increafing. But this moft defirable Connexion between Great Britain and
her Colonies, fupported by fuch a happy Intercourfe of reciprocal Benefits as is continually
advancing the Profperity of both, muft be interrupted, if the People of the latter, reduced
to extreme Poverty, fhould be compelled to manufadurethofe Articles they have been hitherto
furnifhed with from the former.
From thefe Confiderations, it is hoped that the Honourable Houfe of Commons will not
profecute a Meafure which thofe who may fuffer under it cannot but look upon as fitter for
Exiles driven from their native Country after ignominioufiy forfeiting her Favours and
Protedion, than for the Profperity of Britons who have at all Times been forward to demon-
ftrate all due Reverence to the Mother Kingdom, and are fo inftrumental in promoting her
Glory and Felicity; and that Britiih Patriots will never con fent to the Exercife of anticonfti-
tutional Power, which even in this remote Corner may be dangerous in its Example to the
interiour Parts of the Britifh Empire, and will certainly be detrimental to its Commerce.
A
244
[ 305 ]
A Bill For paying the Burgeffes Wages in Money for this prefent Seflion of Affem-
bly was read a fecond Time ; and an Amendment being made thereto, it was ordered to
be engroffed and read a third Time.
And then the Houfe adjourned until Tomorrow Morning lo "'Clock.
'^e6nes6aY» t^e I9t^ of iDecember. 5 (Beo. III. 1764.
MR. Mercer prefented to the Houfe, according to Order, a Bill To amend an A(5t
entitled An Ad' for giving a Reward for killing Wolves; and the fame was
read the firft Time, and ordered to be read a fecond Time.
An engroffed Bill entitled An Ad' to enable Tenants in Taille to make
Leafes of their Lands, was read the third Time.
Refolved, That the faid Bill do pafs.
Ordered, That M'' Edmund Pendleton do carry up the faid Bill to the Council for
their Concurrence.
On a Motion made,
Ordered, That all fuch Depofitions as fhall be taken, purfuant to feveral former
Refolutions of the Houfe, on the controverted Eledtions now undetermined, be returned
to the Houfe the 2'' Day of May next.
On a Motion made,
The Bill To amend an Adt entitled An Ad^ for giving a Reward for killing Wolves was
read a fecond Time.
Ordered, That the faid Bill be engroffed, and read a third Time.
An engroffed Bill entitled An Ad* for paying the Burgeffes Wages in Money for this
prefent Seffion of Affembly, was read the third Time.
Refolved, That the faid Bill do pafs.
Ordered, That M'' Henry Lee do carry up the faid Bill to the Council for their Concur-
rence.
Ordered, That a Committee be appointed to examine the Treafurer's Accounts; and
that it confift of the following Perfons, viz. M"" Edmund Pendleton, M'' Bland, M"" John
Page, M'' Dudley Digges, M'' Benjamin Harrifon, M"' Gary, M"' Richard Henry Lee, and
M"" Letvis Burwell, that they examine the feveral Articles thereof, and report the
Balance as it fliall appear to them to the Houfe.
Ordered, That a Committee be appointed to examine the enrolled Bills, and that it
confift of the following Perfons, viz. M'' Lemuel Riddick, M'' Henry Lee, M'' William Cab-
bell, M"" James Mercer, M"" John Pendleton, and M'" Adams.
Ordered, That a Committee be appointed to proportion the publick Levy, and that
it confift of the following Perfons, viz. W Cary, M"^ Walker, W Upfhaw, W Wager, W
Fleming, and M"' Read.
M"" Cary, from the Committee appointed, reported that they had, according to Order,
examined into the Condition of the Publick Gaol, and had found the fame much out of
Repair.
On a Motion made.
Ordered, That a Committee be appointed of the following Perfons, viz. M"' Attor-
ney, M"" Wythe, M"" Randolph, M'' Waller, and M'' Everard to agree with Workmen to
repair the fame.
A Bill For the Relief of Parifhes from fuch Charges as may arife from Baftard
Children bom within the fame, was read a fecond Time.
Ordered, That the faid Bill be engroffed, and read a third Time.
A Bill To prevent the Pra(5lice of felling Perfons for Slaves that are not fo, was read
a fecond Time, and committed to the Committee of Propofitions and Grievances.
______ A
I Hening, VI, p. 152. 3 Hening, VI, p. 152. 4 Not in Hening.
" Not Faffed until 0(51. 1765.
[ 3o6 ]
A Bill For the Prefer\^ation of the Breed of Sheep, was read a fecond Time,
Ordered, That the faid Bill be engroffed, and read a third Time.
And then the Houfe adjourned until Tomorrow Morning lo "'Clock.
^I)ur56ar» tl)e 20tl) of iDecember, 3 (5eo. III. 1764.
ON a Motion made,
Ordered, That the Committee of Claims be difcharged from bringing in a
Bill For Settlement of Militia Accounts by Commiffioners in the Country. 246
An engroffed Bill entitled An Ad' for Reli f of Parifhes from fiich Charges
as may arife from Baftard Children born within the fame, was read the third Time, and the
Blanks therein filled up.
Refolved, That the faid Bill do pafs.
Ordered, That M'' Bland do carry up the faid Bill to the Coimcil for their Concur-
rence.
An engroffed Bill, entitled. An Ad'' for amending and declaring the Law concerning
the Efcape of Debtors out of the Prifon Rules, and for other Purpofes therein mentioned, was
read the third Time.
Refolved, That the faid Bill do pafs.
Ordered, That M'' Attorney do carry up the faid Bill to the Council for their Con-
cturence.
An engroffed Bill entitled An Adi to amend an Ad entitled An Ad for giving a
Reward for killi}ig Wolves, was read the third Time.
Refolved, That the faid Bill do pafs.
Ordered, That M"" Mercer do carry up the faid Bill to the Coimcil for their Con-
currence.
M'' Cary reported that the Committee appointed had, according to Order, fettled
the Proportion of the Cotmty Levy, and ftated the fame in a Book ; which he delivered in
at the Table, where it was read, and agreed to by the Houfe.
Ordered, That M"" Cary do carry up the faid Book to the Council for their Concur- 247
rence.
M"" Attorney, from the Committee to whom the Reprefentation of George Pitt, Keeper
of the publick Magazine in the City of Williamfburg was referred, reported that they
had examined into the State of the faid Magazine, and the publick military Stores con-
tained therein, and had agreed to the following Report thereupon.
It appears to your Committee that there are now in the faid Magazine two Brafs
Cannon and two Brafs Mortars, which are ufelefs ; alfo about 13,000 lbs. of Gimpowder^
which is old, and the Barrels decayed and in bad Order; alfo a Quantity of Soldiers
Clothes, Hats, and Shoes, which at the prefent are of little Ufe, and will be entirely
ruined if they remain there: That there are alfo 102 Tents, which are old and ufelefs,'
and 14 new Ones, which maybe of Service: That there are alfo two Hogfheads of Cantins
and Tin Kettles, one Tierce of Leather Shot Bags, and another of Canvas Knapfacks,
and a Quantity of Leather Belts and Slings, old Drums and Drum Rims, which are
ufelefs; and a Number of Cartouch Boxes, in very bad Order: That there are alfo
upwards of 500 old Firelocks and Barrels, v/hich might be repaired at 125. 6(i. each, but
are not worth the Expenfe ; and there is a Tub of Gun Flints, which may be referred
for Ufe.
On a Motioyi made.
Ordered, That a Bill, or Bills, be brought in For the Sale of the ufelefs military Stores
in the Magazine, and it is referred to M'' Attorney to prepare and bring in the fame.
An engroffed Bill entitled An Ad'^ for the Prefervation of the Breed of Sheep, was read
the third Time, and the Queftions being put that the faid Bill do pafs.
It
■ Not paffed until Nov. 1769. 3 Hening, VIII, p. 48.
a Not paffed until Oct. 1765. 4 Not recorded as a law.
[ 307 ]
It paffed in the Negative.
Refolved, That the faid Bill be rejected.
A Meffage from the Council by M"" Walthoe.
That they have agreed to the Book of Proportions.
Alfo to the Refolve For paying M' Thomas Rutherford the Sum of Money therein
mentioned.
Ordered, That Leave be given to bring in a Bill For raifing a Publick Levy, which
was read the firft Time, and ordered to be read a fecond Time.
The Houfe being informed that M"' Proffer, one of the Members of this HoirCe, hath
been guilty of fundry unjuft and fraudulent Pradlices in antedating and advifmg, diredt-
ing and affifting, in the antedating fundry Deeds and other Conveyances, with Inten-
249 tion to prejudice the Eftates and Intereft of others, and knowingly fetting up feveral
fuch Deeds and Conveyances as fairly and bona fide made and executed, and in claiming
under the fame, either for himfelf or the Perfons for whom he a(5led, a Right and Intereft
in the Eftates thereby conveyed, by which Creditors and Purchafes have been or are
likely to be involved in Troubles and Difputes : That the faid M'' Proffer having preferred
a Petition to the County Court of Cumberland for Leave to build a Mill on Fine Creek
in the faid County, and for an Acre of Land of one John Pleafants for that Purpofe,
and having obtained an Order for a Jury to value the faid Acre and Damages, in Order
to pack a Jury did fend or caufe to be fent to feveral Freeholders of the faid County
written Summonfes, figned with the Name of the then High SherifT of the faid County,
and that without the Knowledge, Privity, or Confent, of the faid Sheriff whereby fuch
Freeholders were commanded or required to attend at a certain Day and Place therein
mentioned to ferve on the faid Jury.
Ordered, That the faid Information be referred to the Confideration of the Committee
of Privileges and Eledtion ; that they examine into the Allegations thereof, and report
the fame, with their Opinion thereon, to the Houfe.
250 On a Motion made,
A Bill For raifmg a Publick Levy was read the fecond Time, and committed to a
Committee of the whole Houfe immediately.
The Houfe accordingly refolved itfelf into a Committee on the faid Bill ; and after
fome Time fpent therein, M"" Speaker refumed the Chair, and M"" Attorney reported that
they had had the faid Bill under their Confideration, but not having Time to go through
the fame, they had diredled him to move for Leave to fit again.
Refolved, That this Houfe will again refolve itfelf into the faid Committee on the
faid Bill To morrow.
Ordered, That the Chaplain attend to read Prayers every Morning at 9 "'Clock.
And then the Houfe adjourned until Tomorrow Morning 10 "'Clock.
fxXba^. t^e 2l5t of T>ecember, 5 (&<io. III. 1764.
THE Houfe, according to Order, refolved itfelf into a Committee to take under
their further Confideration the Bill For raifing a Publick Levy ; and after fome
Time fpent therein, M"' 5p^a^^r refumed the Chair, and M'' Attorney reported
251 that they had gone through the faid Bill, and had made feveral Amendments
thereto ; which he read in his Place, and then delivered in at the Table, where they were
again twice read, and agreed to by the Houfe.
Ordered, That the faid Bill, with the Amendments, be engroffed, and read a third
Time.
An engroffed Bill, entitled An Ad' for raifing a Publick Levy, was read the third
Time, and the Blanks therein filled up.
Refolved
• Hening, VIII, p. 38-
[ 3o8 ]
Refolvcd, That the faid Bill do pafs.
Ordered, That M'' Cary do carry up the faid Bill to the Council for their Concurrence.
A Meffage from the Council by M^ Walthoe.
Thai they have agreed to the Bill entitled An Adt ■ to enable Tenants in Taille to make
Leafes of their Lands, with fame Amendments, to which they defire the Concurrence of
this Houfe.
Alfo to the Bill entitled An Adt^ to amend an Adt entitled An Adl for giving a Reward
for killing Wolves, without any Amendments.
Alfo to the Refolve For paying the Printer's Salary.
M"' Bland, from the Committee of Privileges and Ele(5lions, reported that they had
had under their Confideration the Information exhibited to this Houfe againft M"" Thomas
Proffer, to them referred, and had come to two Refolutions thereon; which he read in
his Place, and then delivered in at the Table, where they were again twice read, and
agreed to by the Houfe, as follow: 252
Refolved, That the faid M'' Thomas Proffer be at Liberty to examine and take the
Depofitions of fuch Witneffes as fhall be either unable to attend this Committee or are
going out of the Colony, before any two Juftices of the Peace of the County of Cumber-
land, touching the Subjedt Matter of the faid Information, and that he give reafonable
Notice of the Time and Place of taking fuch Examinations to M"" Archibald Cary; and
that the Juftices before whom they fhall be taken return the fame to this Houfe on or
before Thiirfday the 2'^ Day of May next, being the Day appointed for hearing the faid
Information before this Committee.
Refolved, That the further Confideration of the faid Information be referred to the
faid 2"i Day of May next.
A Meffage from the Council was delivered by M'' Walthoe.
That they have agreed to the Bill For raifing a Publick Levy.
M'' Lemuel Riddick reported that the Committee appointed had, according to Order,
examined the enrolled Bills and Refolves, and rectified fuch Miftakes as were foimd
therein ; and that they were truly enrolled.
Ordered, That M"" Lemuel Riddick do carry them up to the Covmcil for their Infpedtion. 253
A Meffage from the Council by M"' Walthoe.
That they have infpeded the enrolled Bills and Refolves, and are fatiffied they are truly
enrolled.
A Meffage from the Govemour by M"" Walthoe.
M^ Speaker.
The Govemour commands the immediate Attendance of your Houfe m the Council
Chamber, and that you bring with you fuch Bills and Refolves as are ready for his Affent.
^ M'' Speaker with the Houfe went up accordingly, and his Honour the Govemour
was pleafed to give his Affent to the following publick and private Adls.
I. An Adi for further continuing the Ad for reducing the feveral Ads for making Pro-
vtfion againft Invafions and Infurredions into one Ad.
2.* For further continuing an Ad entitled An Ad for reducing the feveral Ads made
for laying a Duty on Liquors into one Ad.
J. 5 For raifing a Publick Levy, and for other Purpofes therein mentioned.
4.^ For dividing the County of Lunenburg into three diftind Counties.
§.7 For dividing the Parifh of Truro, in the County of Fairfax.
6.^ For appointing feveral new Ferries, and for other Purpofes therein mentioned. 254
7.9 An Ad for altering the Court Days of the Counties of Fauquier, Lotidoun, Louifa,
and Fairfax.
To
' Not paffed until Oct. 1765. 4 Ibid., VIII, p. 38. 7 Ibid., VIII, p. 43.
' Hening., VIII, p. 48. s Ibid., VIII, p. 38. 8 ibid.. VIII, p. 44.
, Ibid., VIII, p. 37. 6 Ibid.. VIII, p. 41. ' !bid., VIII, p. 47.
[ 309 ]
8. ^To amend an Ad, entitled An A6t for giving a Reward for killing Wolves.
g. ^For eftablifhing the Landing Place from Frafer's Ferry at the Caufey oppofite
thereto.
10. ^For encouraging the Settlement of the Towns of Alexandria and Falmouth, and
for other Purpofes therein mentioned.
11. *For exempting the Inhabitants of Elizabeth City County, and alfo the Minifters
and other Parifhioners of Suffolk in Nanfemond, and of Antrim Parifh in Halifax, from
the Payment of Ferriage, and for other Purpofes therein mentioned.
12. ^To veft certain entailed Lands therein mentioned in John Syme, Efq; and others,
in Fee Simple, and for fettling other Lands and Slaves in Lieu thereof.
I J. <> To dock the Entail of certain Lands whereof Richard Todd is feized, and for fettle-
ing other Lands and Slaves in Lieu thereof.
14. 7T0 veft certain entailed Lands in Robert Lewis, Gentleman, in Fee Simple, and
for purchafing more convenient Lands to be fettled in Lieu thereof.
75. ^To veft certain entailed Lands whereof William Caryis feized in Allen Jones in
255 Fee Simple, and for fettling other Lands and Slaves to be purchafed in Lieu thereof to the
fame Ufes.
16. 9 For vefting the abfolute Property of certain Slaves therein named in George Heal,
Gentleman, and for fettling three certain Trads of Land therein mentioned on the faid
George Heal in Lieu of the faid Slaves.
17. '° To dock the Entail of 1800 Acres of Land in theParifh of Albemarle, in the County
of Suffex, whereof Nathaniel Harrifon the Younger is feized in Fee Taille, and for vefting
the fame in Truftees in Fee Simple for the Ufes therein mentioned.
M"" Speaker being returned reported that he with the Houfe had attended the Gov-
emour in the Coioncil Chamber, where his Honour had given his Affent to fuch Bills and
Refolves as were ready, and was then pleafed to fignify to the Houfe of Burgeffes, that,
upon confidering the Seafon of the Year, and the long Time they had fat, he judged a
Recefs would be agreeable; and that, unwiUing to impede the Bufmefs of the Seffion
by a Prorogation, he thought it expedient to diredl them to adjourn themfelves to the
I '* of May next.
Ordered, That the Houfe be adjourned to the i ^^ Day of May next.
• Hening, VIII, p. 48. 4 /fcid., VIII, p. 52. 7 /fctd., VIII, p. 59. 9 /6td., VIII, p. 63.
' Ibid., VIII, p. 49. s Ibid., VIII, p. 54. 8 ibid., VIII, p. 61. 1° Ibid., VIII, p. 66.
3 Ibid., VIII, p. 49. 6 Ibid., VII, p. 57
JOURNAL
of the
House of Burgesses
1765
Burgeffes.
Accomac
Thomas Parramore
Hanover
James Littlepage
*Southey Simpfon
♦John Syme
Albemarle
Thomas Walker
Henrico
♦Bowler Cocke
Henry Fry
♦Philip Mayo
Amelia
♦Thomas Tabb
Ifle of Wight
♦James Bridger
♦Dolphin Drew
Amherft
*Wilham Cabell
James City
Lewis Burwell
♦Cornelius Thomas
Philip Johnfon
Augiifta
Ifrael Chriftian
Jameftown
Edward Champion Travis
John Wilfon
King & Queen
John Robinfon ■
Bedford
♦William Callaway
John Pendleton
♦John Talbot
King George
♦Charles Carter
Bnmfwick
♦William Thornton
♦William Champe
♦Ifaac Rowe Walton
King William
Bernard Moore
Buckingham
♦Robert Boiling, Jr.
Carter Braxton
*Jofeph Cabell
Lancafter
♦Charles Carter
Caroline
♦John Baylor
♦Richard Mitchell
Edmund Pendleton
Loudotm
Francis Lightfoot Lee
Charles City
Benjamin Harrifon
James Hamilton
William Kennon
Louifa
♦Thomas Johnfon
Charlotte
♦Paul Carrington
Patrick Henry, Jr.
Clement Reade
Lunenburg
♦Henry Blagrave
Chefterfield
Archibald Cary
William Taylor
Seth Ward
Mecklenburg
♦Edmund Taylor
The College
♦Mann Page
Robert Munford
Culpeper
John Field
Middlefex
♦John Smith
James Barbour
♦Gawin Corbin
Cimiberland
John Fleming
Nanfemond
Willis Riddick
George Carrington
Lemuel Riddick
Dinwiddie
♦Robert Boiling
New Kent
♦Burwell Baffett
♦Leonard Claiborne, Jr.
♦Richard Adams
Elizabeth City
George Wythe
Norfolk
William Bradley
♦William Wager
♦Thomas Veal
Effex
John Lee
Norfolk Borough ♦Jofeph Hutch ings
John Upfliaw
Northampton
John Hannanfon
Fairfax
George Johnfton
Thomas Dalby
John Weft
Northumberland ♦Richard HuU
Fauquier
Thomas Harrifon
♦Spencer Ball
Thomas Marfhall
Orange
James Taylor
Frederick
♦George Wafhington
James Walker
♦George Mercer
Prince Edward
♦Peter Legrand
Gloucefter
♦Thomas Whiting
♦Abner Nafh
♦John Page
Prince George
Richard Bland
Goochland
♦John Payne
Richard Bland, Jr.
Jofias Payne
Prince William
♦John BayHs
Halifax
♦Edward Booker
Henry Lee
♦Walter Coles
Princefs Anne
♦Edward Hack Mofeley
Hampfhire
James Mercer
Thomas Rutherford
Anthony Walke
♦Not fhown by the Journal to have been prefent during the Affembly.
[314]
Richmond
John Woodbridge
Surry
Hartwell Cocke
Landon Carter
William Bailey
Southampton
Jofeph Gray
Suffex
David Mafon
♦Benjamin Symmons
♦John Edmunds
Spotfylvania
♦Fielding Lewis
Weftmoreland
♦Richard Henry Lee
♦William Johnfton
Richard Lee
Staflford
William Fitzhugh
Williamfburg
Peyton Randolph
Thomas L. Lee
York
Dudley Digges
f the Journal to have been prefent during the Affembly.
Thomas Nelfon, Jr.
♦Not fhown bj
Changes in the Perfonnel, 1765.
Amelia Robert Mvmford fucceeded David Greenhill
Ctimberland George Carrington fucceeded Thomas Proffer
Halifax Walter Coles fucceeded Nathaniel Terry
Louifa Patrick Henry fucceeded William Johnlon
JOURNAL
of the
House of B
OUSE OF iJURGESSES
W46it456ay. t^4 1st of 5tta?. 5 (&eo. III. 1765.
THE Hoiife this Day met, according to their Adjournment.
Ordered, That an Addrefs be made to the Govemour, to order a new
Writ to iffue for eledling a Burgefs to ferve in this prefent General Affembly
for the County of Che fter field, in the Room of M"" Richard Eppes, deceafed ;
and that M'' Cary do wait on his Honour with the f aid Addrefs.
Ordered, That an Addrefs be made to the Govemour, to order a new Writ to iffue
for eledling a Burgefs to ferve in this Prefent General Affembly for the County of Amelia,
in the Room of M'' Greenhill, who hath accepted of the Office of Sheriff of the faid Coimty ;
and that M'' Gary do wait on his Honour with the faid Addrefs.
Ordered, That an Addrefs be made to the Govemour, to order a new Writ to iffue
for eledling a Burgefs to ferve in this prefent General Affembly for the County of Lunen-
burg, in the Room of M"" Clement Read, who hath accepted of the Office of Coroner of
the faid Coxmty ; and that M'' Cary do wait on his Honour with the faid Addrefs.
Ordered, That an Addrefs be made to the Govemour, to order a new Writ to iffue
for eledling a Burgefs to ferv-e in this prefent General Affembly for the County of Louifa,
in the Room of M'' William Johnfton, who hath accepted of the Office of Coroner of the
faid Coimty ; and that M"" James Little page do wait on his Honour with the faid Addrefs.
The Order of the Day being read for the Houfe again to refolve itfelf into a Com-
mittee on the Bill For amending and further continuing the feveral Adls of Affembly
of this Colony for amending the Staple of Tobacco, and preventing Frauds in his Maj -
efty's Cuftoms.
Refolved, That this Houfe will refolve itfelf into a Committee on the faid Bill on
Friday next.
Ordered, That the Chaplain of this Houfe do attend to read Prayers every Morning
at 9 "'Clock.
A Petition of Peterfield Trent, praying Leave to withdraw his Petition complaining of
of an imdue Election and return of M'' Henry Fry to serve as a Burgefs in this prefent
General Affembly for the County of Albemarle, was prefented to the Houfe and read.
Ordered, That the said Peterfield Trent, have Leave to withdraw his faid Petition,
and that the Committee of Privileges and Eledlions be difcharged from proceeding
any further therein.
Sundry Petitions from the Counties of Chefterfield, Amelia, Dinwiddie, Lunenburg,
Prince Edward, and Halifax, praying that another Infpedlion of Tobacco may be
eftablifhed in, near, or adjoining the Town of Gatefville, in the County of Chefterfield,
were prefented to the Houfe and read.
Ordered, That the faid Petition do lie on the Table.
And then the Houfe adjourned until Tomorrow Morning lo "'Clock.
[ 3i6 ]
I3burs6ar» tl)(i 21x6 of 5ttar. 5 (5eo. Ill 1765.
A Petition of Thomas Roy, Proprietor of the Warehoufes called Roy's, and of
fundry Traders on Rappahannock River, in Oppofition to a Petition of Paul
M icon's, and fundry other Perfons, for eftabhfhing a new Infpedtion on the
Land of the faid Micou, in Effex County, was prefented to the Hotifeand read.
Ordered, That the faid Petition do lie on the Table.
A Petition of fundry Merchants, complaining of the Hardfhips and Inconveniences
they lie under for Want of fome better Method for proving Book Debts than the Law
at prefent allows, and praying that the Time allowed for fuch Proof may be extended,
and the Method for proving fuch Debts altered, and aKo that Sheriffs and other Officers
may be fubjedt to Damages for refufmg or negledting to pay Money received by them
on Executions, was prefented to the Houfe and read.
Ordered, That the faid Petition be referred to the Confideration of the Committee
of Propofitions and Grievances; that they examine into the Allegations thereof, and
report the fame, with their Opinion thereon, to the Houfe.
A Petition of Michael Chriftian and Robert Clark Jacob, praying to be exempted
from paying the Duty on the Importation of 26 Hogfhead of Rum which was acci-
dentally deftroyed by Fire, was prefented to the Houfe and read.
Ordered, That the faid Petition be referred to M"" Bland, M-" Riddick, and M"- Gary;
that they examine into the Allegations thereof, and report the fame, with their Opinion
thereon, to the Houfe.
A Petition of fundry Freeholders and Inhabitants of the County of Amherft, com-
plaining of the Hardfhips and Inconveniences they lie under by the prefent tedious and
expenfive Method of profecuting Suits in the County Courts, and praying that quarterly
Courts may be eftablifhed in the faid County, was prefented to the Houfe and read.
Ordered, That the faid Petition be referred to the Confideration of the Committee
of Propofitions and Grievances; that they examine into the Allegations thereof, and
report the fame, with their Opinion theieon, to the Houfe.
A Bill For allowing the full Fees to which the Lawyers pradtifmg in the feveral
Courts of this Colony are entitled, in particular Cafes therein mentioned, to be taxed,
upon Recovery, in the Bill of Cofts, was read a fecond Time, and committed to the
Committee for Courts of Juftice.
A Petition of Thomas Shepherd, praying that a Ferry may be eftablifhed from his
Land in the Town of Mecklenburg, in the County of Frederick, over the River Potowmack,
to his oppofite Land in the Province of Maryland, was prefented to the Houfe and read.
Ordered, That the faid Petition be referred to the Confideration of the Committee
of Propofitions and Grievances; that they examine into the Allegations thereof, and
report the fame, with their Opinion thereon, to the Houfe.
A Bill For further continuing the Adt' entitled An Ad ^ for the better regulatin g and
colleding certain Officers Fees, and for other Purpofes therein mentioned, was read a fecond
Time, and committed to M"' Pendleton, M"" Fleming, and M"" Bland.
And then the Houfe adjourned until Tomorrow Morning 10 "'Clock.
Tf^rl6a^. tl)e 3r6 of ^tta^. 5 (Beo. Ill, 1765.
A Petition oi John Watts and William Young, Infpedtors at Jordan's Warehoufes,
fetting forth that in the Month of March laft one of the Warehoufes under
their Care was broke open, and two Hogflieads of Tobacco ftolen out of the
fame, though the faid Warehoufe was well fecured by them, and praying that
the Value of the faid Tobacco may be paid them by the Publick, was prefented to the
Houfe and read.
Ordered
' Hening, V, p, 326.
[ 317 ]
Ordered, That the faid Petition be referred to the Confideration of the Committee
of Claims; that they examine into the Allegations thereof, and report the fame, with
their Opinion thereon, to the Houfe.
The Order of the Day being read for the Houfe to again refolve itfelf into a Com-
mittee on the Bill For amending and further continuing the feveral Adts of Affembly
of this Colony for amending the Staple of Tobacco, and preventing Frauds in his
Majefty's Cuftoms.
Refolved, That this Houfe will refolve itfelf into a Committee on the faid Bill on
Wednefday next.
A Bill For amending the Adt entitled An Ad.^ for direding the Trial of Slaves com-
mitting capital Crimes, and for the more effediial punifhing Confpiracies and Infurredions
of them, and for the better Government of Negroes, Miilattoes, and Indians, bond or free,
was read a fecond Time, and ordered to be committed to a Committee of the whole
Houfe.
Refolved, That this Houfe will refolve itfelf into a Committee on the faid Bill on
Wednefday next.
Ordered, That an Addrefs be made to the Govemour to order a new Writ to iffue,
for eledting a Burgefs to ferve in this prefent General Affembly for the County of Hal-
ifax in the Room of M"" Terry, who hath accepted of the Office of Sheriff of the faid
County ; and that M"" Little page do wait on his Honour with the faid Addrefs.
And then the Houfe adjourned until Tomorrow Morning lo "'Clock.
Satur6a?, t^e 4t^ of Mia?, 5 <Beo. III. 1765.
MR Bland, from the Committee of Privileges and Elecftions, reported that the
faid Committee had had under their further Confideration the Information
exhibited to the Houfe on the 20*^ Day of December laft, and referred to
this Day to be examined into, againft M'' Thomas Proffer, one of the Members
of the Houfe ; and having examined divers Witneffes, and infpedted feveral Papers laid
before the Committee touching the faid Information, and heard the faid M'' Proffer,
have agreed upon a Report, and come to a Refolution thereon ; which he read in his
Place, and then delivered in at the Table, where they were again twice read, and agreed
to by the Houfe, as follow :
Your Committee beg Leave to obferve that the faid Information contains two
diitin(5l Charges againft the faid M"" Proffer.
i'*. That he hath been guilty of antedating, and advifmg, dire(5ling, and affifting
in the antedating, fundry Deeds and other Conveyances, with Intention to prejudice
the Eftates and Intereft of others, and knowingly fetting tip feveral fuch Deeds and
Conveyances as fairly and bona fide made and executed, and in claiming under the fame,
either for himfelf, or the Perfons for whom he a(5ted, a Right and Intereft in the Eftates
thereby conveyed, by which Creditors and Purchafers have been, or are likely to be,
involved in Troubles and Difputes.
2**. That the faid M'' Proffer having preferred a Petition to the County Court of
Cumberland, for Leave to build a Mill on Fine Creek in the faid County, and for an Acre
of Land of one John Pleafants for that Purpofe, and having obtained an Order for a Jury
to value the faid Acre and Damages, in Order to pack a Jury did fend, or caufe to be
fent, to feveral Freeholders of the faid County written Summonfes, figned with the
Name of the then High Sheriff of the faid County, and that without the Knowledge,
6 Privity, or Confent of the faid Sheriff, whereby fuch Freeholders were commanded or
required to attend at a certain D y and Place therein mentioned to ferve on the faid
Jury.
With Refpedt to the firft Charge againft the faid M"" Proffer, your Committee beg
Leave
« Hening. IV, p. 126.
[3i8]
Leave to inform the Hoiife that an original Deed was laid before the Committee, produced
by M"" Proffer himfelf, when called upon for it, bearing Date the 30* Day of Anguft
I7S9, appearing to be an Indenture or Bargain and Sale between Renne Laforce of the
County of Goochland, of the one Part, and the faid M'^ Proffer, of the other Part, whereby
the faid Renne Laforce, for the Confideration of ;£2o current Money, faid to be in Hand
paid by M'' Proffer, conveyed to him a Trad; of Land containing about 240 Acres, lying
on the fouth Side of James River, in the faid County of Cumberland, being a Part of a
Patent granted to the faid Renne Laforce, and bounded by the Lines of John Baitghan
and others therein named ; which Deed the faid M"" Proffer denied before your Committee
he had wrote himfelf, and it appears to be fubfcribed with the Names of Robert Cothron,
Samuel Laforce, Robert Mofby, James Holman, Matthew Martin (who made his Mark)
and Anthony Martin, as Witneffes thereto ; and a Receipt alfo appears endorfed thereon
for the Confideration Money, figned by the faid Laforce, and fubfcribed by the fame
Witneffes; and by a Certificate of the Clerk of the faid County, it appears to have been
pro\ed in Court, by two of the fubfcribing Witneffes, the 24* Day of March 1760.
Your Committee then proceeded to examine feveral Witneffes, concerning the faid
Deed ; and it appears to them, from the Teftimony of Samuel Flournoy, that in the latter
End of the Year 1759, or the Beginning of the Year 1760, he faw the faid Laforce, who
was inquiring the Way to M"" Proffer's, and that the faid Laforce then informed him
that one Thomas Turpin had entered a Petition againft him for a Piece of his Land, and
at the fame Time afked the faid Flournoy if he would buy it, faying he fhould have it
for a Trifle, rather than that Turpin fhould get it, which the faid Flournoy refufed,
efpecially as there was a Lawfuit depending about it. The faid Flournoy then depofed
that having aftei'wards heard that M"' Proffer had bought the faid Land, he afked him
about it, and he faid he had bought it, and had a Deed for it fome Months before ; and
that M"' Proffer afterwards fhowed him a Note or Certificate which was the Hand Writ
ing of M"" Proffer, but figned by the faid Laforce, the Purport of which was to inform
him that he had not offered to fell him the Land petitioned for by Turpin, but another
Piece adjoining it, which it appears the faid Laforce had fome Time before fold to one
John Baughan. The faid Flournoy then declared he had not before that Time heard
of the Petition entered by the faid Turpin.
It appears from the Evidence of the above named Thomas Turpin that he entered
his Petition againft the faid Laforce for the Land above mentioned, and which is the
fame Land conveyed by the faid Laforce to M"" Proffer by the Deed above mentioned,
in the Month of October 1759; but he declared he had not mentioned his faid Petition
to M"' Proffer until after he had heard he had purchafed the Land, and that he believes
M'' Proffer never interfered in the faid Petition, which is now depending in the General
Court.
It appears from the Evidence of Anthony Martin, one of the fubfcribing Witneffes
to the faid Deed, that he was defired both by the faid Laforce and M"' Proffer to witnefs
the fame, which he accordingly did, and the faid Laforce acknowledged it to be his Adt
and Deed, and appeared to him to have been executed, and fubfcribed by other Wit-
neffes before, but he does not remember when it was he witneffed the faid Deed ; that
he had not heard of the faid Turpin's Petition at that Time, and that he lives within
three or four Miles of M'' Proffer, Turpin and Flournoy.
It further appears to your Committee from the Teftimony of Robert Caivthron, whofe
Name is fubfcribed as a Witnefs to the faid Deed, though it is not there fpelt as he is
ufed to write his Name, and which he did before the Committee in a different Manner
from that in which it appears to be fubfcribed to the faid Deed, that about three Years
ago the faid Laforce had called at his Houfe, and told him that Turpin had entered
for a Tra6t of Land of his in Cumberland, which he was afraid he fliould lofe, but that
he had been to M'' Proffer's, and he believed they had contrived a Way to fave it ; for
that he had given M'' Proffer a Deed for it, which bore Date before the Petition, and
that he had taken the Liberty to put his the faid Cawthron's Name to it as a Witnefs,
and defined him not to deny his having witneffed fuch a Deed if he fhould be afked about
it
[ 319 ]
it by I\I'' Turpin or any one elfe. The fa id Cawthron further depofed that the faid
Laforce afterwards produced to him a Paper, which he took to be a Deed, and beheved
it was a Copy of the former Deed, made by one Holdman, which the faid Laforce defired
him to fee him fign, and witnefs it himfelf, that he might have it to fay he had witneffed
fuch a Deed. That M'' Proffer was not prefent when thefe Things paffed between him
and Laforce, but that he believes he has heard M'' Proffer fay he was privy to thefe
Tranfa(5tions, and that they were done to avoid the faid Turpin's Petition.
It Hkewife appeared to your Committee, from the Teftimony of Littlehury Mofby,
that M'' Proffer told him that Robert Mofby, one of the fubfcribing Witneffes to the faid
Laforce's Deed, was his Relation, to which the faid Littlebury Mofby anfwered, he
beKeved he had been dead too long to have been a Witnefs to the faid Deed.
M'' James Littlepage alfo declared before your Committee that M'' Proffer told him
that the faid Robert Mofby, the Witnefs to the faid Deed, was the Son of Robert Mofby
deceafed, but that he was not prefent at the Execution of the faid Deed.
M"" George Carrington then depofed that he believes that the faid Laforce's Deed
to M'' Proffer to be M'' Proffer's Writing, and the Name Robert Mofby thereto fubfcribed
alfo.
M"" James Lyle depofed that he believes the faid Deed to be M'' Proffer's Writing,
but not the Name Robert Mofby thereto fubfcribed, as they do not appear to him to be
the fame Writing, but that M" Proffer's Name in the Receipt endorfed thereon is his
proper Hand Writing. M"" Lyle further declared that he has had confiderable Dealings
with M"" Proffer, and had no Reafon to fufpedl him of Difhonefty.
M'' Alexander M'Caul alio depofed that though he was but little acquainted with
M'' Proffer's Hand Writing, yet he believes his Name in the Receipt on the faid Deed
in his proper Writing.
A Certificate from the Deputy Clerk of the County Court of Henrico was then pro-
duced to your Committee, from which it appears that on the 4*^ Day of December 1758,
on the Motion of Alary Mofby, Adminiftration of the Eftate of her deceafed Hufband
Robert Mofby was in due Form granted to her by the faid Court, which faid Robert
Mofby is the fame Perfon whofe Name is fubfcribed as a Witnefs to the faid Deed.
It further appeared to your Committee, from the Evidence of M'' John Scott, that
M"" Proffer fome Time ago (but he does not remember when) went to his Houfe, and
8 afked him if he could contrive Notice to Laforce that Turpin intended to Petition for
his Land, adding that it would be doing a good Adl to fave the poor Man's Land.
It aKo appeared to your Committee, from comparing the faid Laforce's Deed with
other Writings of M'' Proffer's, to be his proper Hand Writing, as aKo the Name Robert
Mofby thereto fubfcribed.
Another Inftrument of Writing was then produced, and laid before your Committee,
which appears to be a Bill of Sale from one Robert Hughes of the faid Coimty of Cum-
berland to the faid M'' Proffer, whereby for the Confideration of £"120 current Money,
faid to be in Hand paid by M"" Proffer, the faid Hughes fold him one Negro Man named
Joe, and one Negro Girl named Jenny, and her future Increafe, as alfo fundry Horfes,
Cattle, and Sheep, and a Quantity of Houfehold Furniture ; that it bears Date the i '*
Day of January 1763, and was acknowledged by the faid Hughes in Cumberland Court
the 24*^ Day of October in the fame Year.
Your Committee then proceeded, in like Manner, to examine Witneffes concerning
the faid Bill of Sale, and beg Leave to inform the Houfe that the above named Littlebury
Mofby, who was then Sheriff of the faid County of Cumberland, depofed that a few
Days before the Court when the faid Bill of Sale was produced he had taken the faid
Hughes into Cuftody, upon an Execution, at the Suit of one Alexander Stewart: That
the faid Hughes gave fecurity for the Liberty of the Prifon Rules : That while he was
fo in Cuftody M'' John Pleafants, to whom the faid Hughes was likewife indebted, applied
to him the faid Mofby, and told him that HugJtes had promifed to give him a Bill of
Sale to fecvire his Debt ; that he would fend one to him the next Court, and defired him
to get Hughes to fign it, or otherwife to iffue a Writ againft him : That on the fucceeding
to
[ 320 ]
Court Day he faw M-- Proffer and the faid Hughes go up Stairs in the Court Houf e together ;
that he followed them and found that Hughes had juft figned a Paper, and delivered
it to M"' Proffer: That he then produced to Hughes the Bill of Sale M"" Pleafants had
fent him, and defired him to fign it, which Hughes refufed to do, faying he had otherwife
difpofed of his affairs: That M'' Proffer and the faid Hughes then went down into Court,
when the faid Hughes acknowledged the faid Bill of Sale : That in the Evening of the
fame Day M'' Proffer went to the Deponent and told him Hughes was gone home, at
which being greatly furprifed, M"' Proffer took him afide and defired him not to be
uneafy, told him he fhould not fuffer by Hughes's going out of the Bounds, he would
fecure him from all Damages, and would fend him a difcharge from Stewart; which
he accordingly did fome Time after. That in the Month of December afterwards he
defired M'' Carrington, the Clerk of the Court, to fhow him the Bill of Sale, and upon
examining it found it was antedated, of which he informed M^ Efdale, another of
Hughes's Creditors, who had iffued an Execution againft Hughes's Eftate, on which
Return was made that there were no Effects to be found, and told him he might venture
to iffue another Execution againft the faid Hughes's Eftate, which he accordingly ordered
and the Deponent then levied it on Joe, one of the Slaves named in the faid Bill of Sale :
That the Deponent then told Hughes what he had done, who faid that the Negroes
belonged to M"' Proffer, he having a Bill of Sale for them : That M"" Proffer being fent
for, he afked the Deponent why he had taken the Slave, when he knew he had a Bill of
Sale for him, and fwore he would fue him to the General Court : That the Deponent
then told M'' Proffer he knew he had a Bill of Sale for the Negro, and that he aKo
knew how it was taken ; that it was executed the Odober Court Day before, but was
antedated to the i f' of January, which M'' Proffer acknowledged, but faid he knew not
that any ill Confequences could attend it. The faid Littlebury Mofby alfo depofed that
there had been fome other Executions iffued againft the faid Hughes's Eftate, on which
the like Return was made of no Effecfts, being in Confequence of the faid Bill of Sale.
It likewife appeared, from the Teftimony of M"" David Rofs, that M'' Alexander Baine
had a Suit depending againft the faid Hughes; and an Attachment being awarded
againft his Eftate, it was not fer\'ed, until lately, owing to the faid Bill of Sale to M""
Proffer. That M^ Proffer has fince told him that the Bill of Sale was granted to him
in Confequence of his fatiffying M"" Stciuart's Debt, for which he was in Execution; but
on his looking into it, he found it was antedated, though M"' Proffer had told him it was
taken at the Cumberland Court in October.
A Deed was then produced to your Committee, dated the 26* Day of January 1763,
by which the faid Hughes conveyed his Lands and Negroes to his Children, named
therein.
And by the Evidence of M'' George Carrington, it appears to your Committee that
on the 22'' Day of Auguft 1763, the Day on which the fame was proved in Cumberland
Court, M'' Proffer was on the Bench, and defired to fee it, and after reading it faid he
had intended to go down the next Day and fecure that Eftate.
M' John Fleming alfo declared before your Committee that he faw and read the
faid Deed the Day it was proved, and at M"" Proffer's Requeft fhowed it to him, who
afking him what could be the Defign of the Deed, he anfwered it appeared to him that
Hughes defigned to defraud his Creditors, and that M"' Proffer then told him he had
intended to go the next Day and fecure that Eftate.
It further appears to your Committee, from the Evidence of M'' Alexander Stewart,
that he hearing Hughes was difcharged out of Cuftody, expected to receive his Debt
of the Sheriff in a fhort Time : That foon after he received a Letter from one Bennett
Goode, defiring him to difcharge Hughes out of Prifon, and he would pay the Debt; and
that he accordingly wrote to the Sheriff to difcharge him: That the faid Letter was
dated the 26'*^ Day of October 1763, and that M'' Proffer acknowledged he wrote it for
Goode: That he lay out of his Money five or fix Months, and it was afterwards paid to
him through the Hands of M"' Proffer.
The above named Bennett Goode then depofed that M'' Proffer came to his Houfe,
and
[ 321 ]
and told him of Hughes's being in Execution ; that he the Deponent was defirous of
getting him out of Prifon, and that M"" Proffer then told him he had a Bill of Sale from
Hughes, but faid he feared he fhould be obliged to pa}^ M'' Stewart's Debt: That this
Converfation paffed a few Days before the Court in which the faid Hughes's Bill of Sale
to M"' Proffer was acknowledged : That he the Deponent owed M"^ Proffer about ;£i2o,
which he paid in Difcharge of fo much of Hughes's Debt to Stewart; and that at M''
Proffer's Requeft the Deponent diredted M"" Proffer to write a Letter to M'' Stewart
defiring him to difcharge Hughes out of Prifon, which he figned.
It likewife appears to your Committee, from the Evidence of M"" John Efdale, that
he had obtained a Judgment againft Hughes, out of which he lay fome Time, in Confe-
quence of the faid Bill of Sale to M'' Proffer.
Jofeph Carrington depofed that about the Months of May or June M*" Mofby the
Sheriff defired his Afliftance in fei-v'ing an Execution on Hughes's Negroes: That Hughes
10 infifted the Slaves belonged to M"" Proffer, who being fent for came, and was very angry^
and told Mofby he had a Bill of Sale for the Negro taken in Execution: That Mofby
anfwered he knew he had, and could tell him how he had got it; that it was taken in
October, but antedated to the January before.
The faid Robert Hughes then being examined, depofed that he owed M"" Proffer the
Money mentioned in the Bill of Sale; but not fo much, exclufive of the Debt he owed
M"" Stewart, and for which he was in Execution: That the faid Bill of Sale was wrote
by M"" Proffer, and executed and acknowledged on one and the fame Day, which was
done by his Delire; and the antedating it was defigned to fecure M'' Proffer, M'' Lyle,
and his other Creditors, in Preference to his Children : That M'' Proffer had been his
Friend, and he believed intended no Fraud by the Bill of Sale, and had by thefe Means
done him great Service. He further depofed that he had received the feveral Sums of
Money mentioned in an Account produced to the Committee, which were applied
towards difcharging his Debt to M'' Stewart.
Another Deed was then produced, and laid before your Committee, from one
Anthony Martin to one Thomas Smith, for the conveying 50 Acres of Land to the faid
Smith, dated the i^' Day of December 1758.
Your Committee then proceeded to examine Evidence thereon ; and the faid Anthony
Martin depofed that the faid Smith being entitled to a Piece of Land which had
been given to the Deponent by his Father, by the faid Smith's Intermarriage with the
Deponent's Mother, the faid Smith propofed to give up that Land to the Deponent, if
he would let him have 50 Acres of it, which adjoined other Lands belonging to the faid
Smith, when he came of Age : That the Deponent agreed to the Propofal, and gave Bond
and Security to convey the faid 50 Acres to the faid Smith as foon as he came of Age :
That the Deponent married foon after he was of Age, but the Execution of his Deed
to the faid Smith was negle(5led for about three Months afterwards: That M"" Proffer
was then defired to lay off the faid 50 Acres, which he did ; and a Difpute then arifmg
about the Neceffity of the Deponent's Wife's going to Court to relinquifh her Right of
Dower, it was agreed on between them, as he believes by M"" Proffer's Advice, that the
Deed fliould he made to bear Date before the Deponent's Marriage, which would fave
that Trouble : The Deponent does not know whether his Wife was prefent at the Time
of this Converfation, or when the Deed was executed, but believes it was at his own
Houfe.
An Indenture of Mortgage was then laid before your Committee, between the before
named Robert Hughes and Meff. George Kippen, Archibald In graham, and Company,
whereby the faid Hughes acknowledged himfelf indebted to the faid Kippen and others
in the Sum oi £226 6 Current Money, for fecuring the Payment thereof mortgaged to
them two Tradts of Land therein defcribed, one of which containing 619 Acres was
faid to be purchafed of Beurett Goode, the other of 240 Acres, on Willis's Creek in Cum-
berland, of John Jude: the faid Mortgage appears to bear Date the 4* Day of May
1763, and was acknowledged by the faid Hughes the 24*^ Day of October in the fame
Year
[ 322 ]
Year, the Time limited by the faid Mortgage for Payment of the faid Money being
within fix Months after the Date.
Your Committee beg Leave to inform the Houfe that upon examining Witneffes
concerning the faid Mortgage, M-- James Lyle depofed that the faid Hughes being indebted
to Kippen and Company in a confiderable Sum of Money, he defired M-- Proffer to fend
him down to give him a Mortgage for fecuring that Debt: That Hughes came down
accordingly, and executed the above mentioned Mortgage, which the Deponent took
for both the Tradls of Land therein mentioned, having heard of an intended Exchange u
of Lands between the faid Hughes and one John Jude. The Deponent then declared
that he fent up the faid Mortgage to M-- Proffer, defiring him to get it acknowledged,
and that it then bore Date fome Time in October 1763 ; and that he wrote to M-- Proffer
at the fame Time to inform him that Hughes had agreed to have it foreclofed fooner
than the Time limited therein, and defired him to get the Time of Payment altered:
That the Perfon he fent up with the Mortgage, on his Return, informed him that M'-
Proffer intended to alter the Date of it, which the Deponent was alarmed at ; and that
M"" Proffer did alter the Date from October to May, which he believes was done with
Hughes's Confent, and is prior to the Date of the Deeds between Hughes and Jude.
John Jude depofed that in Auguft 1763, going up theXoimtry, he called at Hughes's
Houfe, who propofed an Exchange of Lands with him, and afked of him ;£i5o to Boot:
That the Deponent then declined it, but faid he would look at it on his Return, and if
he liked it would agree with him. That when the Deponent returned the faid Hughes
mentioned the Exchange again, when the Deponent took a View of his Land, and agreed
to his Propofals : That mutual Deeds were executed between them, and the Deponent
gave the faid Hughes his Bonds for Payment of the Difference, which were all dated the
11*^ Day of September 1763. That the Deponent underftood that when the faid Hughes
was taken in Execution he endorfed over his faid Bonds to M'' Pleafants, as Counter
Security to him for becoming his Security for the Prifon Rules : That the faid Pleafants
afterwards fent the faid Bonds to the Deponent, to know whether they would be paid^
and he anfwered they would be paid when due. That afterwards the faid Pleafants
told the Deponent of the faid Hughes's having before executed a Deed of Gift of his faid
Land to his Children, as alfo of his Mortgage to Meff. Kippen and Company, upon which
the Deponent wrote to M"' Fleming, defiring him to advertife in the Gazette the Manner
in which he had been deceived, and alfo wrote to Hughes to defire he would deliver up
his Deed to him, and offering to return the Deed he the faid Hughes had executed to the
Deponent, which the faid Hughes refufed to do. The Deponent further declared that
M'' Proffer, in the Month of February or March, defired him to give up the faid Hughes's
Deed to him, telling him it could be of no Ufe to him, as Hughes had before made a Deed
for the faid Land to his Children, and a Mortgage to the faid Kippen and Company:
That the Deponent at first refufed fo to do ; but propofing that M"' Proffer fhould give
him his Bond, in the Penalty of £z'^o, to return the Deed when called for, and M'' Proffer
agreeing to it, he accordingly delivered it up to him : That M'' Proffer told the Deponent
he wanted the Deed only to fhow the Court that he the Deponent had given up his Right
to the Land.
It further appeared to your Committee, from the Evidence of M"" Patrick Henry ^
that fome Time after Hughes had executed the Mortgage above mentioned, to Meff.
Kippen and Company, M"" Proffer told him that M"" Lyle had diredted him to alter the
Time therein limited for Payment, and to apply to himfelf and M"" Fleming for advice
thereon : That M"" Proffer told him at the fame Time he had altered the Date of the
faid Mortgage, and afked the Deponent whether it would be good ; that the Deponent
then told him, if it did not interfere with any other Deed, it would be good. The faid
M"" Henry further depofed that foon after he faw the faid Hughes, and afked him about
the faid Mortgage, Hughes anfwered he was defirous the faid Mortgage fhould be fore-
clofed as foon as poffible ; the fooner it was done the lefs Intereft he fhould have to pay,
and the fooner he fhould pay his Debts. That a Suit being brought to foreclofe the
Mortgage, he told the faid Hughes of it, and that as nobody had appeared for him when
it
[ 323 ]
it was firft called, he told the faid Hughes, if he chofe to defend it, then was his Time;
to which Hughes anf wared he did not intend it. That the Deponent afterwards drew
an Anfwer for the faid Hughes to the Bill for Foreclofure, in which the Allegations of
the Bill were confeffed ; and a Decree was made accordingly. That M'' Proffer after
wards afking the Deponent if any Hole could be picked in the Mortgage, he anfwered, as
before, that if it did not interfere with any other Deed, it might be fupported; but that
this laft Converfation happened fome Time after the faid Mortgage had been talked of,
and made fome Noife in the Coimty.
It likewife appeared to your Committee, from the Teftimony of M'' James Pleafants,
that the faid Hughes was indebted to M'' John Pleafants about £70, which he was delir-
ous of fecuring; but that Hughes refufed to affign over the faid Jude's Bonds to him,
unlefs he would be his Security for the Prifon Rules.
Your Committee then proceeded to examine Witneffes touching the fecond Charge
in the faid Information againft M"" Proffer, and beg Leave to acquaint the Houfe that
M'' Littlebnry Mofhy depofed that fome Time ago M'' Proffer came to him and gave him
a Lift of 1 2 Perfons, whom he defired the Deponent (then Sheriff of Cumberland County)
to fummon as a Jury, on an Order of Court he had obtained to build a Mill, and that
they fliould meet him on the Monday following at the Place to be viewed : That the
Deponent told him he could not attend foon, when M"" Proffer anfwered that he would
get the Jury together at his Houfe, and fave him the Trouble of riding about to fummon
them. That foon after the faid Order of Court was fent to him, upon examining into
which, and finding it would confiderably affedt M'' Pleafants, he then looked over the
Lift of Jurymen left with him by M"" Proffer, and finding that M"" Proffer had chofen
fome Perfons for that Purpofe that he could not approve of, fome of them living at a
confiderable Diftance, he tore the Lift and threw it into the Fire, and determined to
fummon fuch a Jury as he thought proper, that M'' Pleafants might have an equal
Chance for Juftice, of which he told M'' Proffer, who did not complain of it : That he
accordingly fummoned a Jury, and attended with them on the Day appointed for the
Bufmefs, but not at M'' Proffer's Houfe. M"" Mofhy further faid that Jofeph Bondurant,
William Whorly, and William Maxy, were three of the Perfons named in M'' Proffer's
Lift of Jurymen.
It then appeared to your Committee, from the Evidence of Jofeph Bondurant, that
M"" Proffer's Storekeeper went to his Houfe, and delivered him a Note in Writing, figned
with the Name of Littlehiiry Mofhy, Sheriff of the faid County of Cumberland, diredled
to himfelf and four others, requiring their Attendance as Jurymen to value an Acre of
Land for a Mill on the Monday following; he further depofed that the Note was not
M"" Proffer's Writing, and that he was afterwards fummoned by the Sheriff in Perfon :
M'' Mofhy being then called upon, depofed that he never wrote or figned any fuch Note.
M"" Carter Harrifon then depofed that M'' Pleafants defired him, with fome other
Members of the Court, to meet with the Jury at the Place where M'' Proffer had peti-
tioned for Leave to build the Mill, that they might be better Judges of the Matter from
their own View than they could be from the Report of the Jury only : That the Depo-
13 nent accordingly attended, and a Difpute arifmg about a particular Line to be viewed
by the Jury, the Deponent told M'' Proffer he had not behaved juftly on that Occafion ;
and being afked by M'' Proffer in what Inftance he had aded wrong, the Deponent told
him in writing Summonfes to the Jury, which M-- Proffer denied he had: That the
Deponent then called upon Jofeph Bondurant to produce the Note he had received;
which being fhown, M-- Proffer faid the Sheriff had direcfted him fo to do: That the
Sheriff being within Hearing, denied he had given him any fuch Diredions ; upon which
M"" Proffer repHed that he had afked his Leave to write fuch Summonfes, and as he had
made him no Anfwer, he took his Silence for Confent.
M"" Thomas Turpin then depofed that he was prefent at the above Difpute between
M'' Harrifon and M-- Proffer, and his Evidence was to the fame Effedt with M"" Harrifon' s.
William Maxy being next examined, depofed that he received the like Note from
M-- Proffer, defiring him to meet the Sheriff at his Store on a Particular Day, to ferve
as
[ 324 ]
as a Jur\^man on the fame Occafion ; that he was very defirous of being exciifed, both
Parties being his Friends and Neighbours : That he was prefent on the Day appointed,
and would have avoided being fummoned, but that both M'' Pleafants and M"" Proffer
infifted on his fer\-ing as a Juryman, and that M'' Pleafants kept him in Converfation
until the Sheriff appeared and fummoned him: He further declared that M'' Pleafants
expreffed himfelf fatiffied with all the Jurymen but one, who he believed was confider-
ably in Debt to M"" Proffer. The Deponent further declared that, as well as he remem-
bers, he heard one Shelton, a Storekeeper of M"' Proffer's, who carried him the above
mentioned Note, fay that he himfelf wrote the faid Note, and by Miftake put the Sheriff's
Name to it inftead of M"' Proffer's.
Refolved, That the feveral Charges contained in the faid Information againft the
faid M"' Proffer are true.
Refolved, That the faid M'' Proffer be expelled, and rendered forever incapable of
fitting or voting as a Member of this Houfe.
Ordered, That the Cofts of this Profecution be paid by the faid M'' Proffer, and it is
referred to the Committee of Privileges and Eleftions to fettle and adjuft the fame.
Ordered, That an Addrefs be made to the Govemour to order a new Writ to iffue
for eledling a Burgefs to ferve in this prefent General Affembly for the Cotmty of Cum-
berland, in the Room of the faid M"" Thomas Proffer; and that M"' Fleming do wait on
his Honour with the faid Addrefs.
A Petition of Arthur Campbell, fetting forth that on the 14* of September 1758 he
joined a Company of Rangers, under the Command of Capt. John Dickenfon, ftationed
at Fort Young in Augnfta County, where he was unfortunately captivated, and detained
a Prifoner until December the 25"", 1760, and by that Means not returned in Capt. Dick-
enfon's Pay Roll; and praying the Confideration of the Houfe.
Alfo a Petition of Stephen Bankenfhip, fetting forth that he was a Soldier in the
Virginia Regiment, and taken Prifoner by the Delawar Indians, near Fort Ligonier, in
1758, and remained in Captivity until November laft; and praying the Confideration of
the Houfe, were feverally prefented to the Hoiife and read.
Ordered, That the faid Petitions be referred to the Confideration of the Committee
of Claims; that they examine into the Allegations thereof, and report the fame, with
their Opinion thereon, to the Houfe.
M"" Bland reported that the Perfons to whom the Petition of Michcel Chriftian and 14
Robert Clark Jacob was referred had examined into the Allegations thereof, and foimd
them to be true, and had come to the following Refolution thereon ; which he read in
his Place, and then delivered in at the Table, where it was again twice read, and agreed
to by the Houfe, as follows:
Refolved, That the faid Petitioners be exempted from paying the Duties of the Rum
in the faid Petition mentioned.
A Petition of fundry Inhabitants of the Town of Richmond, praying that no Hogs
may be fuffered to be raifed in faid Town, or let run at large therein, was prefented to
the Houfe and read.
Ordered, That the faid Petition be referred to the Confideration of the Committee of
Propofitions and Grievances ; that they examine into the Allegations thereof, and report
the fame, with their Opinion thereon, to the Houfe.
Ordered, That the Committee of Claims be difcharged from proceeding any further
on the Accounts of the Militia ordered out into adlual Service, to them referred ; and it
is referred to the faid Committee to prepare and bring in a Bill For appointing Com-
miffioners to examine, ftate, and fettle an Account of the Pay and Provifions of the faid
Militia.
And then the Houfe adjourned until Monday Morning 10 "'Clock.
[ 325 ]
>tton6aY. t^e 6tb of iKa^ 5 (&(to, IIU 1765.
A Petition of Abraham Smith, Major of the Militia in the County of Augufta fatting
forth the great Trouble and Expenfe he had been at by the frequent tranfmit-
ting Expreffes and Defpatches to the Commandant of the faid County, to the
great Hurt and Prejudice of his own Affairs.
Alfo a Petition of George Rutlidge, of the County of Augufta, fetting forth that he
went out voluntarily after the Indians, with many others, in September laft, and by them
got much wounded, which has rendered him incapable of fubfifting by his own Means,
and praying the Confideration of this Houfe, were feverally prefented to the Houfe and
read.
Ordered, That the faid Petitions be referred to the Confideration of the Committee
of Claims; that they examine into the Allegations thereof, and report the fame, with
their Opinion thereon, to the Houfe.
A Petition of Nathaniel Harrifon, fetting forth that his Father by his laft Will and
Teftament, bearing Date the 15*^ of December, 1726, did devife unto your Petitioner a
certain Trad; of Land called Coggin's Point in Prince George County, and another Tradt
of Land called Brandon in the faid County, in Taille, and praying that an A(5t may pafs
to dock the Entail of the faid Trad of Land called Coggin's Point, and the Money arifmg
therefrom laid out in the Purchafe of Slaves to be fettled on the faid Brandon Trad, to
defcend to the fame Ufes, was prefented to the Houfe and read.
Ordered, That a Bill be brought in agreeable to the Prayer of the faid Petition, and
it is referred to M'' Bland to prepare and bring in the fame.
A Petition of fundry Inhabitants of the County of Frederick, praying that an Ad
may pafs for giving a greater Reward for killing Wolves in that and the neighboring
Counties on the Frontiers of this Colony.
Ordered, That a Bill be brought in agreeable to the Prayer of the faid Petition, and
it is referred to M"" Mercer and M'' Francis Lee to prepare and bring in the fame.
M'' Bland prefented to the Houfe, according to Order, a Bill To dock the Entail of
[1973] Acres of Land in the Parifh of Martin's Brandon and County of Prince George
whereof Nathaniel Harrifon if feized in Fee Taille, and for vef ting the fame in Truftees
in Fee Simple for the Ufes therein mentioned ; and the faid Bill was read the firf t
Time, and ordered to be read a fecond Time.
A Petition of fundry Inhabitants of the Northern and Southern Banks of the River
Appamattox, complaining of the great Injury done them by the Mill Dams acrofs the
River, as they entirely obftrud the Paffage of the Fifh, and praying that an Ad may
pafs to catife the Owners or Proprietors of fuch Mill Dams to make Locks through them
for the Paffage of Fifh.
Alfo fundry other Petitions in Oppofition thereto, were feverally prefented to the
Houfe and read.
Ordered, That the faid Petitions be referred to the Confideration of the Committee
of Propofitions and Grievances; that they examine into the Allegations thereof, and
report the fame, with their Opinion thereon, to the Houfe.
A Petition of fundry Inhabitants of the County of Cttmberland, complaining of the
Tobacco Pickers, and praying that an Ad may pafs for the better regulating of them
and their Fees, was prefented to the Houfe and read.
Ordered, That the faid Petition do lie on the Table.
On a Motion made.
The i?i// To dock the Entail of [1973] Acres of Land whereof Nathaniel Harri-
fon is feized in Fee Taille, and for vef ting the fame in Truftees in Fee Simple for the Ufes
therein mentioned, was read a fecond Time, and committed to the Members of Prince
George, Surry, and Charles City.
And then the Houfe adjourned until Tomorrow Morning 10 "'Clock.
[ 326 ]
I5ue55aY. tl)e 7t^ of Mia?. 5 <Beo. III. 1765.
MR Bland, from the Committee to whom the Bill To dock the Entail of [1973]
Acres of Land in the Parifh of Martin's Brandon, in the County of Prince
George, whereof Nathaniel Harrifon is feized in Fee Taille, and for vefting
the fame in Truftees in Fee Simple for the Ufes therein mentioned, was
committed, reported that they had examined into the Allegations thereof and found
them to be true, and had made fome Amendments thereto ; which he read in his Place,
and then deHvered the Bill with the Amendments in at the Table, where they were again
read, and agreed to by the Houfe.
Ordered, That the faid Bill with the Amendments be engroffed, and read a third
Time.
M-- Attorney, from the Committee of Propofitions and Grievances, prefented to the
Houfe, according to Order, a Bill For clearing the great Falls of James River.
Alfo a Bill For the more effe(5lual and Speedy Profecution of Perfons fetting up
Hedges or Stone Stops in the River Panmnkey, and for other Purpofes therein mentioned.
Alfo a Bill For enlarging the Jurifdidion of the Court of Huf tings in the Borough of
Norfolk.
Alfo a Bill To oblige the Veftry of the Parifh of Nottoway to refund to the Parifh of
St. Luke their Proportion of Money and Tobacco raifed for repairing the Churches in the
faid Parifh of Nottoway before the Divifion thereof. And the faid Bills were feverally
read the firft Time, and ordered to be read a fecond Time.
And alfo that the Committee of Propofitions and Grievances, to whom the Bill For le
opening and clearing a Road through Swift Run Gap over the Mountains in Augufta
was committed, had made no Amendments thereto.
Ordered, That the faid Bill be engroffed and read a third Time.
M'" Bland, from the Committee of Privileges and Eledlions, reported that the faid
Committee had had under their further Confideration the Petition of Hampton Wade,
complaining of an undue Eledlion and Return of M'' Edward Booker to ferve as a Bur-
gefs in this prefent General Affembly for the County of Halifax, to them referred ; and
have agreed upon a Report, and come to a Refolution thereupon, as follow:
Your Committee beg Leave to inform the Houfe that the Petitioner has not complied
with their former Orders for taking Depofitions of Witneffes in the Country on the Sub-
ject Matter of his faid Petition, nor hath he appeared before your Committee to fupport
the Allegations thereof; and therefore,
Refolved, That the faid M-- Edward Booker is duly eleded to ferve as a Burgefs in
this prefent General Affembly for the faid County of Halifax.
W Bland, from the Committee of Privileges and Eledtions, reported that the faid
Committee had, according to Order, ftated and fettled an Account for the Attendance
of the Witneffes, and other Expenfes, upon the Information againft M-- Thomas Proffer;
which he read in his Place, and then delivered in at the Table, where it was again read
and agreed to by the Houfe, as follows:
To Jofeph Carrington for travelling 100 Miles""
To Bennett Goode 88 "
To James Pleafants 88 "
To Thomas Turpin 88
To Samuel Flournoy 86
To Jofeph Bondiirant 88
To Carter Henry Harrifon no "
To George Carrington, Jun no
To John Jude 84 "
To Robert Cawthron 82 "
To John Martin 75 "
To Anthony Martin 82 "
3f-
3f.
3f.
lbs. Tobacco,
420 & Ferriages 3f.
"I ^84 & Do if.
h
o
C
I 384 & Do 3f-
< 450 & Do 3f.
if.
if.
iL
'g 345 & Do if.
< ^66 «& Do if.
To
U2
384 &
Do.
384 &
384 &
Do
Do
378 &
Do.
384 &
Do.
450 &
Do.
450 &
Do.
372 &
Do.
366 &
Do.
345 &
Do.
366 «&
Do.
[ 327 ]
To the Clerk of Cumberland for
Copies of three Deeds 84
To the Clerk of Henrico for a Copy
of an Order of Court 9
Pounds of Tobacco 4776 & 22s.
A Petition of James Hubard, and Frances his Wife, fetting forth that the Petitioner
Frances is Tenant in Taille of and in 840 Acres of Land in the Parifh of Brunfwick in the
County of King George, and the Petitioner James is feized of feveral Lots or Half Acres
of Land in the City of Williamfbiirg in Fee Simple, and praying that an Adt may pafs to
dock the Entail of the faid Land in King George, and to fettle the Lots in Willianifburg,
and fundry Slaves, in Lieu thereof, was prefented to the Houfe and read.
Ordered, That a Bill be brought in agreeable to the Prayer of the faid Petition, and
it is referred to M'' Wythe to prepare and bring in the fame.
M'' Edmund Pendleton, from the Committee for Courts of Juftice, reported that
they had had under their Confideration the Bill For further continuing the Ad entitled
An Ad' for the better regulating and collecting certain Officers Fees, and for other Purpofes
therein mentioned, and that they had made fome Amendments thereto; which
17 he read in his Place, and then delivered in at the Table, where they were again twice
read, and agreed to by the Houfe.
Ordered, That the faid Bill with the Amendments be engroffed, and read a third
Time.
Ordered, That M"" Robert Boiling, Jun. be added to the Committee of Propofitions and
Grievances.
M"" Wythe prefented to the Houfe, according to Order, a Bill To veft certain Lands
therein mentioned in James Hubard, and fettling other Lands and Slaves in Lieu thereof ;
and the faid Bill was read the firft Time, and ordered to be read a fecond Time.
Ordered, That M"" Jofeph Gray be added to the Committee of Privileges and Ele<5lions.
A Petition of fundry Merchants on York and James Rivers, fetting forth that the
Delays in the Courts of Juftice in a great Meafure is occafioned by the non-attendance of
the Magiftrates, and praying that an Adt may pafs to oblige the Perfon caft in any Suit
to depofit the Sum of 10 Shillings in the Hands of the Clerk, to be equally divided among
the fitting Juftices.
Alfo a Petition of fundry Perfons employed in the Leather Manufadure, praying
that an A(5t may pafs to enable them to export out of this Colony, Duty free, fuch Hides
as they fhall or may hereafter import hither, were prefented to the Houfe and read.
Ordered, That the faid Petitions be referred to the Confideration of the Committee
of Propofitions and Grievances; that they examine into the Allegations thereof, and
report the fame, with their Opinions thereon, to the Houfe.
On a Motion made.
The Bill For clearing the great Falls of James River was read a fecond Time.
Ordered, That the faid Bill be committed to the Committee of Propofitions and
Grievances.
And then the Houfe adjourned until Tomorrow Morning 10 "'Clock.
XR?e6itii56ar. tb^^ 8tb of 5ttar. 5 (5eo, III 1765,
A Petition of Rice Jones, fetting forth that he is feized as Tenant in Fee Taille, under
the Will of Rice Jones deceafed, of and in a valuable Tradl of Land upon
Rappahannock River, in the County of Effex, and aKo of about 800 Acres
of Land in the Parifh of Chrift's Church, in the County of Middlefex, and
praying that an A61 may pafs to veft the faid 800 Acres of Land in Richard Corbin,
Efq ; to whom he hath difpofed of the fame, in Fee Simple, and for fettling Slaves of
greater Value in Lieu thereof to the fame Ufes, was prefented to the Houfe and read.
Ordered,
' Hening, V, p. 326.
[ 328 ]
Ordered, That a bill be brought in agreeable to the Prayer of the faid Petition, and
it is referred to M'' John Lee to prepare and bring in the fame.
M"" Gary, from the Committee of Claims, reported that the faid Committee had had
vmder their Confideration feveral Petitions to them referred, and had come to feveral
Refolutions thereupon ; which he read in his Place, and then delivered in at the Table,
where they were again twice read, and agreed to by the Houfe, with an Amendment, as
follow :
Refolved, That George Rutlidge ought to be allowed the Sum of £2,S for his prefent
Relief, and to enable him to pay the Surgeon's Bill, and theSumof ;£ioper Annum during is
his DifabiHty caufed by the Wound he received in the Service of this Colony.
Refolved, That Arthur Gamphell ought to be allowed by the Publick the Sum of
£41 for his Pay as a Ranger, during his Captivity by the Enemy.
Refolved, That Stephen Blankenfhip ought to be allowed by the Publick the Sum of
£75 for his Pay as a Soldier, during his Captivity by the Enemy.
Refolved, That John Watts and William Young, Infpedlors at Jordan's Warehoufe,
ought to be allowed the Sum oi £1^ . 4s by the Publick, for two Hogflieads of Tobacco
ftolen out of the faid Warehoufe.
Refolved, That the Petition of Major Abraham Smith, to be allowed for his Service in
draughting and ordering out the Militia, be rejected.
An Account of Alexander Sayer, for Waggonage for the Militia, was prefented to the
Hoiife and read.
Ordered, That the faid Account be referred to the Confideration of the Committee of
Claims, that they examine into the Allegations thereof, and report the fame, with their
Opinion thereupon, to the Houfe.
On a Motion made.
Ordered, That a Bill be brought in To amend the A€t for infpeding Pork, Beef,
Flower, Tar, Pitch, and Turpentine ; and it is referred to the Committee of Trade to pre-
pare and bring in the fame.
A Petition of Harry Beverley, fetting forth that he is feized as Tenant in Fee Taille,
imder the Will of his Father Robert Beverley, Efq ; of a large Tradl of Land called Odonia,
in the County of Orange, and is alfo feized of divers other entailed Lands, under the faid
Will, and is poffeffed of but few Slaves to cultivate the fame, and praying that an Adt
may pafs to fell Part of the faid Lands, and to lay out the Money in the Purchafe of
Slaves, to be fettled to the fame Ufes, was prefented to the Houfe and read.
Ordered, That a Bill be brought in agreeable to the Prayer of the faid Petition, and
it is referred to M"" Edmund Pendleton to prepare and bring in the fame.
On a Motion made,
Ordered, That a Bill be brought in To amend the Adt for raifmg a Publick Levy, and
for other Purpofes therein mentioned ; and it is referred to the Committee of Claims to
prepare and bring in the fame.
A Petition of M'' Henry Allen, and others, praying that the faid Allen may have
Liberty to build a Bridge over the South Branch of Back River, and to be allowed a
reafonable Toll from all Perfons paffing the faid Bridge, that he may have one Acre of
Land vefted in him on the other Side of the Water, and that he may have Liberty to
build a Fulling and Grift Mill at the fame Place.
Alfo a Petition of fundry Inhabitants of the Fork of Nottoway, in Amelia County,
defiring that they may be added to Gumberland Parifh, in Lunenburg County, as they
are at prefent very inconveniently fituated to their County Court and General Mufters.
Alfo a Petition from fundry Inhabitants of Lunenburg, in Oppofition thereto, were
everally prefented to the Houfe and read.
Ordered, That the faid Petitions be referred to the Confideration of the Committee
of Propofitions and Grievances; that they examine into the Allegations thereof, and
report the fame, with their Opinion thereupon, to the Houfe.
M"" Attorney, from the Committee of Propofitions and Grievances, reported that the
Committee had had under their Confideration divers propofitions and Petitions from 19
feveral
20
[ 329 ]
feveral Counties to them referred, and had come to feveral Refolutions thereupon ; which
he read in his Place, and then dehvered in at the Table, where they were again twice
read, and agreed to by the Houfe, with fome Amendments, as follow:
Refolved, That fo much of the Petition of fimdry Inhabitants on the Southern and
Northern Banks of Appaniattox River, complaining that the Paffage of Fifh up the faid
River is ftill obftrudled by the Mill Dams built acrofs the fame, notwithftanding the
Laws now in Force to prevent fuch Obftrudlions, and praying that the Owners and
Proprietors of fuch Mills may be obliged to eredl Locks through their refpedtive Dams,
not lefs than twenty Feet wide, and that their Foundations may be level with the Bed of
the River, be rejected.
Refolved, That the Refidue of the faid Petition, praying that the Laws now in Force,
for obhging the Owners and Proprietors of fuch Mills to leave Openings or Slopes in their
Mill Dams, fufficient for the paffage of Fifli, may be amended, is reafonable.
Refolved, That the feveral Petitions of fundry Inhabitants of the Cotmties of Prince
George, Dinwiddie, Chefterfield, and Amelia, in Oppofition to the faid Petition, be
rejedted.
Refolved, That the Petition of divers Inhabitants on the faid River of Appamattox,
praying that they may be allowed to fet Hedges acrofs the faid River for catching Fifli
and that the Owners of Mills thereon may be obhged to keep a clear and open Paffage
through their Dams three Months in every Year, be rejedted.
Refolved, That the Petition of fundry Inhabitants of the Coimty of Amherft, praying
that quarterly Courts may be eftabliflied therein, is reafonable.
Refolved, That the Petition of Thomas Shepherd, praying that a Ferry may be
eftablifhed from his Lots in the Town of Mecklenburg, in the County of Frederick, over
Poiowmac^ River, to his Land oppofite thereto, in the Province of Maryland, is reafonable.
Refolved, That the Petition of the Inhabitants of the Town of Richmond, praying
that an Adl may pafs to reftrain the raifmg Hogs, and fuffering them to run at large
within the Limits of the faid Town, is reafonable.
Refolved, That the Memorial and Petition of fimdry Merchants and Traders in this
Coimtry, praying that the Time allowed by Law for proving Book Debts may be
extended, and the Method of fuch Proof altered, and that confiderable Intereft, by Way
of Damages, may be laid upon Sheriffs and other Officers who neglecT; or refufe to pay
Money levied by them on Executions, be rejedted.
Refolved, That fo much of the Petition of fundry Merchants and others, propofing
that the Plaintiffs in every Suit (except by Petition) fhould depofit the Sum of los. to be
divided amongft the fitting Juftices, and taxed upon Recovery in the Bill of Cofts, be
rejedted.
Refolved, That the Refidue of the faid Petition, praying that the Laws relating to
the Sheriffs Commiffions for Debts, due from infolvent Debtors taken in Execution, may
be explained, is reafonable.
Ordered, That the Committee of Propofitions do prepare and bring in a Bill, or Bills,
purfuant to the 2^, s''^, 6''', 7*, and 10* Refolutions.
The Order of the Day being read for the Houfe again to refolve itfelf into a Committee
on the Bill For amending and further continuing the feveral Adls of Affembly of this
Colony for amending the Staple of Tobacco, and preventing Frauds in his Majefty's
Cuftoms, the Houfe immediately refolved itfelf into the faid Committee ; and after fome
Time fpent therein, M"" Speaker refumed the Chair, and M'' Attorney reported that the
faid Committee had had the faid Bill under their further Confideration, but not having
Time to go through the fame, had diredted him to move for Leave to fit again.
Refolved, That this Houfe will again refolve itfelf into a Committee on the faid Bill
on Monday next.
The Order of the Day being read for the Houfe to refolve itfelf into a Committee on
the Bill For amending the Adt entitled An Ad ^ for directing the Trial of Slaves committing
Capital Crimes, and for the more effedual punifhing Confpiracies and Infurredions of
them
' Hening, VI, p. 104.
[ 33° ]
ihetn, and for the better Govermneyit of Negroes, Mulattocs, and Indians, bond or free, the
Hotife immediately refolved itfelf into the faid Committee, and after fome Time fpent
therein, M'' Speaker refumed the Chair, and M"" Attorney reported that the faid Committee
had had the faid Bill under their further Confideration, but not having Time to go
through the fame, had ordered him to move for Leave to fit again.
Refolved, That this Houfe will again refolve itfelf into a Committee on the faid Bill
Tomorrow.
A Petition of the Innholders of Williamfburg, Norfolk, Hampton, York, and Glou-
cefter, praying that an A(5t may pafs to enlarge the Credit given by Ordinary Keepers to
Perfons refiding in their Counties ;
And the Queftion being put that the faid Petition be referred to a Committee,
It paffed in the Negative.
Refolved, That the faid Petition be rejedled.
And then the Houfe adjourned until Tomorrow Morning lo "'Clock.
I5l)ur56aY» t^c 9tb of ^Ka^, 3 (Beo. III. 1765.
MR Attorney, from the Committee of Propofitions and Grievances, prefented to
the Houfe, according to Order, a Bill To oblige the Owners of Mills, Hedges,
or other Stops in the River Little Roanoke, and the north Branch of James
River, to leave Openings or Slopes therein for the Paffage of Fifh.
Alfo a Bill To prevent the raifing of Hogs, and fuffering them to nin at large, in the
Town of Richmond; and the faid Bills were feverally read the firft Time, and ordered to
be read a fecond Time.
On a Motion made,
Ordered, That Leave be given to bring in a Bill To empower the Treafurer to demand
and receive the Money due from the Province of Pennfylvania to this Colony, and it is
referred to M'' Attorney to prepare and bring in the fame.
A Petition of William Winfton, Jun. fetting forth that a Company of Militia was
ftationed on his Land, as being thought a proper Place to build a Fort and other Build-
ings, through which he fuftained Damages to the Amount of fifty Poiinds, and praying
the Confideration of this Houfe.
Alfo a Petition of John Smith, fetting forth that he was a Captain of a Company of
Rangers on the Frontiers in 1756, was taken Prifoner, and remained in Captivity until
1758, and praying that he may be allowed his Pay during his Captivity.
Alfo a Petition of John Patrick, praying to be paid for a Horfe impreffed into the
Service of the Colony in the Year 1761, and appraifed to ;^i2, were feverally prefented
to the Houfe and read.
Ordered, That the faid Petitions be referred to the Confideration of the Committee 21
of Claims; that they examine into the Allegations thereof, and report the fame, with
their Opinion thereupon, to the Houfe.
A Petition of Philemon Halcomb, fetting forth that in the Year 1763 he accounted
with the Treafurer for Taxes of 1 1 Tithables, which he never received, the Perfons from
whom he was to colledl the fame proving Infolvent, and praying the Confideration of
this Houfe, was prefented and read.
Ordered, That the faid Petition be referred to the Committee appointed to examine
the Treafurer's Accounts; that they examine into the Allegations thereof, and report
the fame, with their Opinion thereon, to the Houfe.
M'' Pendleton prefented to the Hotafe, according to Order, a Bill To dock the Entail
of certain Lands whereof Harry Beverley is feized, and for fettling Slaves to be pur-
chafed in Lieu thereof to the fame Ufes ; and the faid Bill was read the firft Time, and
ordered to be read a fecond Time.
M"- John Lee prefented to the Hoiofe, according to Order, a Bill To veft certain
Lands whereof Rice Jones is feized in Fee Taille in the Hon. Richard Corbin, Efq ; in Fee
Simple
[33^ ]
Simple, and for fettling Slaves to be annexed to other entailed Lands in Lieu thereof;
and the faid Bill was read the firft Time and ordered to be read a fecond Time.
A Petition of Abraham Hite, praying to be allowed fome Confideration for his Trou-
ble as County Lieutenant of Hampfhire during the War with the Indians, was prefented
to the Houfe and read ;
And the Queftion being put that the faid Petition be referred to a Committee,
It paffed in the Negative.
Refolved, That the faid Petition be reje<5led.
Refolved, That M'' Thomas Rutherford be paid his Expenfes for the Attendance of his
Witneffes before the Commiffioners in the Country on the Information exhibited by
him againft Col. Adam Stephen by the Publick, and it is referred to the Committee of
Propofitions and Grievances to fettle the fame.
On a Motion made.
Ordered, That it be an Inftrudtion to the Committee appointed to bring in a Bill
For appointing Commiffioners to fettle MiHtia Accounts, to receive a Claufe or Claufes
to empower the faid Commiffioners to fettle and allow any Claims for Provifions fur-
nifhed the Volunteers and Captives on their Return from Pittfburg.
A Petition of Thomas Railey, of the County of Hanover, fetting forth that as Shad-
rach Vaughan, Under Sheriff of the County of Henrico, was removing a Prifoner to the
Publick Gaol he impreffed a valuable Mare of the Petitioner; and the faid Vaughan,
without giving the Petitioner Notice, got the faid Mare appraifed, by Perfons who knew
nothing of her Quality, to fix Pounds, whereas the Mare was then worth a much greater
Sum ; and praying the Confideration of this Houfe, was prefented and read.
Refolved, That the further Confideration of the faid Petition be referred to the next
Seffion of Affembly.
M'' Mercer, from the Perfons appointed, prefented to the Houfe according to Order,
a Bill For increafing the Rewards for killing of Wolves, to be paid by the refpedtive
Counties wherein the Services fhall be performed ; and the faid Bill was read the firft
Time, and ordered to be read a fecond Time.
A Petition of John Young, fetting forth that he was an Inhabitant of the Frontier
22 of Augufta, and was forced fome Time in May laft to leave his Habitation for fear of the
Enemy, who killed his Stock, confifting of 7 Head of Cattle, and 4 Horfes ; and pray-
ing the Confideration of this Houfe, was prefented and read ;
And the Queftion being put that the faid Petition be referred to a Committee,
It paffed in the Negative.
Refolved, That the faid Petition be reje(5led.
A Bill To veft certain Lands therein mentioned in James Hiibard, and fettling other
Lands and Slaves in Lieu thereof ; was read a fecond Time, and committed to M"^ Wythe,
M*" Attorney, and the Members of York, Richmond, and Stafford.
A Petition of the Minifter and Veftry of the Parilh of St. Mark, in the County of
Culpeper, praying that an A(5t may pafs to empower them to fell the Glebe Land of the
faid Parifh, and to purchafe other Lands more convenient for a Glebe.
Alfo a Petition of fundry Inhabitants of the faid Parifh and County in Oppolition
thereto, were prefented and read.
Refolved, That the further Confideration of the faid Petition be referred to the next
Seffion of Affembly.
A Bill To oblige the Veftry of the Parifh of Nottoway to refund to the Parifh of St.
Luke their Proportion of Money and Tobacco raifed for repairing the Churches in the faid
Parifh of Nottoway before the Divifion thereof, was read a fecond Time.
Ordered, That the faid Bill be engroffed, and read a third Time.
A Bill For the more effectual and fpeedy Profecution of Perfons fetting up
Hedges or Stone Stops in the River Pamunkey, and for other Purpofes therein men-
tioned, was read a fecond Time.
Ordered, That the faid Bill be committed to the Committee of Propofitions and
Grievances.
The
[ 332 ]
The Order of the Day being read for the Houfe to take into Confideration a Bill
For amending the Ad entitled An Ad 'for direding the trial of Slaves committing Capital
Crimes, and for the more effcdnal piinifhing Confpiracies and Infurredions of them, and
for the better Government of Negroes, Mulattocs, and Indians, bond or free, the Houfe
immediately refolved itfelf into the faid Committee ; and after fome Time fpent therein,
M'' Speaker refumed the Chair, and M"" Attorney reported that the faid Committee had
had the faid Bill \mder their Confideration, but not having Time to go through the fame,
had ordered him to move for Leave to fit again.
Refolved, That this Houfe will again refolve itfelf into the faid Committee Tomor-
row.
And then the Houfe adjourned until Tomorrow Morning lo "'Clock.
IfxXba^. tbe lOtl) of 5ttar. 5 (Beo, III. 1765.
A Petition of Ifaac Perkins, fetting forth that one Andrew Mealy leafed a large
Dwelling Houfe of one Thomas Lemon for the Confideration of £2)S per Annum,
for the Payment of which Rent your Petitioner became Security to the faid
Lemon, and one Year before the Expiration of the faid Leafe Col. Byrd took the
faid Houfe (being in good Repair) as an Hofpital for the Ufe of the Regiment under his
Command, and that when the fame was given up it was much out of Repair, and the
faid Mealy dying Infolvent, your Petitioner has been obliged to pay the Rent, and has
been repairing the faid Houfe one Year fmce, and praying to be reimburfed the Rent for 23
the faid two Years.
Alfo a Petition of Simon Powell, fetting forth that he was a Serjeant in a Company
of Rangers under the Command of Capt. Hog, and that by the hard Duty, and long
Marches acrofs the Mountains and Water Courfes, is thereby rendered infirm, and not
able to fubfift by his own Means; and praying the Confideration of this Houfe, were
feverally prefented to the Houfe and read.
Ordered, That the faid Petitions be referred to the Confideration of the Committee of
Claims ; that they examine into the Allegations thereof, and report the fame with their
Opinion thereon, to the Houfe.
A Bill For increafmg the Rewards given for killing of Wolves, to be paid by the
refpective Counties wherein the Services fhall be performed, was read a fecond Time,
and committed to M"" James Mercer, and M'' Thomas Harrifon.
A Meffage from the Govemour by M"' Walthoe,
That his Honour had juft received his Majefty's Repeal of the Ad for difpoflng of
fundry Lots in the City of Williamfburg, alfo a Letter from the Hon. Major General Gage,
and another from Col. Bouquet, and had direded him to deliver the fame to this Houfe; and
the Letters being read.
Ordered, That the faid Letters do lie on the Table.
A Memorial of the Volunteers of the Virginia Regiment, fetting forth that they
voluntarily did join the Troops under Col. Bouquet on the late Ohio Expedition, and did
find themf elves with Neceffaries during the Expedition.
Alfo a Petition of Capt. Charles Lewis, Walter Cunningham, and Alexander M'Clan-
achan, praying to be paid for adling in his i\Iajefty's Service tmder the Command of Col.
Bouquet, and the Men under their Command, were feverally prefented to the Houfe and
read.
Refolved, That this Houfe will refolve itfelf into a Committee on the faid IMemorial
and Petition Tomorrow.
M"' Pendleton, from the Committee for Courts of Juftice, to whom the Bill For allow-
ing the full Fees to which the Lawyers pradlifing in the feveral Courts of this Colony are
entitled
' Hening, VI, p. 104.
[ 333 ]
entitled, in particular Cafes therein mentioned, to be taxed, upon Recovery, in the Bill
of Cofts, was committed, reported that the Committee had had the fame under their
Confideration, and had made feveral Amendments thereto ; which he read in his Place,
and then delivered the Bill with the Amendments in at the Table, where they were again
twice read, and agreed to by the Houfe.
Ordered, That the faid Bill with the Amendments be engroffed, and read a third
Time.
A Bill For enlarging the Jurifdi(5tion of the Court of Huftings in the Borough of
Norfolk, was read a fecond Time.
Ordered, That the faid Bill be engroffed, and read a third Time.
M'' Gary, from the Committee of Claims, prefented to the Houfe, according to Order,
a Bill To amend the A6t for raifmg a Publick Levy, and for other Purpofes therein men-
tioned; which was read the firft Time, and ordered to be read a fecond Time.
M"" James Mercer, from the Perfons to whom the Bill For increafmg the Reward
given for killing Wolves, to be paid by the refpedlive Coimties wherein the Services fhall
be performed, was committed, reported that they had made feveral Amendments thereto ;
which he read in his Place, and then delivered the Bill with the Amendments in at the
Table, where they were again twice read, and agreed to by the Houfe with fome Amend-
ments.
24 Ordered, That the faid Bill with the Amendments be engroffed, and read a third
Time.
M"" Attorney, from the Committee of Propofitions and Grievances, prefented to the
Houfe, according to Order, a Bill For altering the Method of holding Courts in the
Coimty of Anther ft.
Alfa a Bill For eftablifhing a Ferry from the Land of Thomas Shepherd at Mecklen-
burg in Frederick County to Maryland ; and the faid Bills were read the firft Time, and
ordered to be read a fecond Time.
On a Motion made,
Refolved, That a Committee be appointed to confift of the following Perfons, viz.
Peyton Randolph, George Wythe, John Randolph, Benjamin Waller, and Robert Garter
Nicholas, Efqrs ; any three or more of whom to be fiofficient to ad, to colled; the Pub-
lick Ads of Affembly of Virginia which fhall be in Force at the End of this Seffion of
Affembly, and to agree with fome Perfon to make a proper Index to the fame, and alfo
to agree with a Printer for printing 1200 Copies, to be neatly boimd in Books, with the
Arms of Virginia f tamped on each, and to deliver one to the Govemour or Commander
in Chief for the Time being, one to each of the Members of his Majefty's Council, and the
Houfe of Burgeffes, one to the Clerk of the General Affembly, one to the Clerk of the
Houfe of Burgeffes, one to the Clerk of the Secretary's Office, and one to each County
Court Clerk for the Ufe of the Court of his Cotmty, and the reft among the Juftices of
the feveral Counties, not being Burgeffes, as the Treafurer fhall dired.
The Order of the Day being read for the Houfe again to refolve itfelf into a Com-
mittee on the Bill For amending the Ad entitled An Ad ^ for direding the Trial of Slaves
committing Gapital Grimes, and for the more effediial piinifhing Gonf piracies and Inftir-
redions of them, and for the better Government of Negroes, Midattoes, and Indians, bond or
free, the Houfe immediately refolved itfelf into the faid Committee; and after fome
Tirne fpent therein, M-- Speaker refumed the Chair, and M-- Attorney reported that the
faid Committee had had the faid Bill under their further Confideration, but not having
Time to go through the fame, had ordered him to move for Leave to fit again.
Refolved, That this Houfe will again refolve itfelf into a Committee on the faid Bill
on Monday next.
And then the Houfe adjourned until Tomorrow Morning 10 "'Glock.
Saturday
Hening, VI, p. 104.
[ 334 ]
Saturday, t^e lUl) of 5tta?, 5 <5eo. III. 1765.
A Petition of the Infpedtors of Boyd's Hole Warehonfe, praying that they may be
allowed for five Hogfheads of Tobacco, ftolen from the faid Warehoufe, in the
Years 1762, 1763, and 1764.
Alfo a Petition of Job Parker, praying that he may be allowed for a
Horfe impreffed by Capt. Pol f on fome Time in the Month of April, before General
Braddock's Defeat.
Alfo fundry Militia Accounts.
Ordered, That the faid Petitions and Accounts be referred to the Confideration of
the Committee of Claims ; that they examine into the Allegations thereof, and report the
fame, with their Opinion thereupon, to the Houfe.
A Petition of Lenox and Scott, praying to be paid two Accounts of William Harrie
and William M'Cormack, the former amounting to £4. 5. 10, the latter to ;^4. 4. 9,
both which Accounts were credited by Capt. Robert Pearif's Certificates, for Services
done to the Colony by the faid Harrie and M'Cormack as Soldiers in the Year 1759.
Alfo a Petition of John Dickenfon of Augufta, praying to be allowed for building a 2s
Fort on his Plantation, for the Defence of a Detachment of Militia ftationed there, were
feverally prefented to the Hotife and read ;
And the Queftion being put that the faid Petitions be referred to a Committee,
It paffed in the Negative.
Refolved, That the faid Petitions be rejedled.
An engroffed Bill entitled An Ad « for allowing the fidl Fees to which the Lawyers
practifmg in the feveral Courts of this Colony in particular Cafes therein mentioned, are
entitled to be taxed upon Recovery in the Bill of Cofts, was read a third Time.
Refolved, That the Bill do pafs.
Ordered, That M'' Edmund Pendleton do carry it up to the Council for their Concur-
rence.
An engroffed Bill entitled An Ad' for opening and clearing a Road through Swift Run
Gap over the Mountains, in Augufta, was read a third Time and the Blanks therein filled
up.
Refolved, That the faid Bill do pafs.
Ordered, That M"' Attorney do carry it up to the Council for their Concurrence.
An engroffed Bill entitled An Ad^ for further continuing the Ad entitled an Ad for the
better regulating and colleding certain Officers Fees, and for other Purpofes therein men-
tioned, was read a third Time, and the Blanks therein filled up.
Refolved, That the faid Bill do pafs.
Ordered, That M'' Edmund Pendleton do carry it up to the Council for their Concur-
rence.
A Bill For altering the Method of holding Courts in the County of Amherft, was
prefented to the Houfe and read a fecond Time.
Ordered, That the faid Bill be committed to the Committee of Propofitions and Griev-
ances.
M'' Attorney prefented to the Houfe according to Order, a Bill For the Sale of the
ufelefs Military Stores in the Magazine in Williamfburg, and the faid Bill was read the
firft Time, and ordered to be read a fecond Time.
A Bill To veft certain Lands whereof Rice Jones is feized in Fee Taille in the Hon.
Richard Corbin, Efq; in Fee Simple, and for fettling Slaves to be annexed to other
entailed Lands in Lieu thereof, was read a fecond Time, and Committed to M'' John Lee,
M"' Upfhaw, and M"" John Pendleton.
A
« Hening, VIII, p. 184. ' Ibid., VIII, p. 152. 3 Ibid., VIII, p. 186
[ 335 ]
A Bill To dock the Entail of certain Lands whereof Harry Beverley is feized, and for
fettling Slaves to be purchafed in Lieu thereof to the fame Ufes, was read a fecond Time,
and committed to M^^ Edmund Pendleton, and the Members of Orange and Culpeper.
A Bill To oblige the Owners of Mills, Hedges, or other Stops, in the River Little
Roanoke, and the north Branch of James River, to leave Openings or Slopes therein for
the Paffage of Fifh, was read a fecond Time.
And the Queftion being put that the faid Bill be engroffed and read a third Time,
It paffed in the Negative.
Refolved, That the faid Bill be rejedled.
On a Motion made.
Ordered, That it be an Inftrudlion to the Committee of Propofitions and Grievances,
to whom the Bill To oblige the Owners of Mills, Hedges, or Stone Stops, in the River
26 Little Roanoke, and the north Branch of James River, to leave Openings or Slopes there-
in, was committed, to extend the Remedies of that Bill to Little Roanoke, Nottoway,
Meherrin, north Branch of James River, and Rappidan, that they prepare and bring in a
Bill for the fame.
An engroffed Bill entitled An Ad ■ to oblige the Veftry of the Parifh of Nottoway to
refund to the Parifh of St. Luke their Proportion of Money and Tobacco raifed for repairing
the Churches in the faid Parifh of 'Nottoway before the Divifionthereof, wasTeadathirdTime.
Refolved, That the faid Bill do pafs.
Ordered, That M'' Jofeph Gray do carry it up to the Coimcil for their Concurrence.
On a Motion made.
Ordered, That Leave be given to bring in a Bill To empower the Veftry of the Parifh
of Bruton to fell certain Lots in the City of Williamfburg, and it is referred to M'' Edmund
Pendleton to prepare and bring in the fame.
A Bill For eftablifhing a Ferry from the Land of Thomas Shepherd at Mecklenburg,
in Frederick Coiinty, to Maryland, was read a fecond Time, and ordered to be engroffed.
A Bill To prevent the raifing of Hogs and fuffering them to nm at large in the Town
of Richmond, was read a fecond Time, and committed to M'' Bradley and M"' Mercer.
Ordered, That it be an Inftrudlion to the faid Committee to add the Town of Portf-
mouth.
The Order of the Day being read for the Hoiife to take into Confideration the Memo-
rial of the Volimteers and the Petition of Charles Lewis.
Refolved, That this Houfe will refolve itfelf into a Committee on the faid Memorial
on Tuefday next.
A Bill To amend an Adl for raifmg a Publick Levy and for other Purpofes therein
mentioned, was read the fecond Time.
Ordered, That the faid Bill be committed to M"" Thomas Walker, W Richard Lee, M'
John Wilfon, M"" Hartwell Cocke, M'" Edward Champion Travis, M'' Ifrael Chriftian, M'
John Weft, M^ Willis Riddick, W John Lee, W William Bradley, M^ John Upfhaw, M'
John Harmanfon, W David Mafon, W James Littlepage, W Thomas Parramore, M'
Thomas Rutherford, M-' James Hamilton, M-" Jofias Payne, W Thomas Harrifon, M^
Thomas Marfhall, and M'' Edmund Pendleton.
And then the Houfe adjourned until Tomorrow Morning lo "'Clock.
Mlon6ar» tb^ I3tb of ^Uar, 5 <&eo. III 1765.
A Petition of Thomas Godwin and John Reed, Infpedtors at Milner's Warehoufes.
in Nanfemond County, praying that their Salaries may be augmented.
Ordered, That the faid Petition do lie on the Table.
M'' Pendleton, from the Committee to whom the Bill To dock the Entail of
certain Lands whereof Harry Beverley, Gent, is feized, and for fettling Slaves to be pur-
chafed in Lieu thereof to the fame Ufes, was committed, reported that they had exam-
ined
• Hening, VIII, p. 177.
[ 336 ]
ined into the Allegations thereof, and found them to be true, but had made no Amend-
ments thereto.
Ordered, That the faid Bill be engroffed, and read a third Time.
M"' John Lee, from the Committee to whom the Bill To veft certain Lands whereof
Rice Jones is feized in Fee Taille in the Hon. Richard Corbin, Efq; in Fee Simple, and
for fettling Slaves to be annexed to other entailed Lands in Lieu thereof, was committed, ^
reported that they had examined into the Allegations thereof, and foimd them to be true,
but had made no Amendments thereto.
Ordered, That the faid Bill be engroffed, and read a third Time.
On a Motion made,
Ordered, That Leave be given to bring in a Bill For directing the Colledlion of the
Land Tax in the County of Culpeper, in Arrear for the Year 1759, and for other Purpofes
therein mentioned; and it is referred to M"" Pendleton to prepare and bring in the fame.
An engroffed Bill entitled An Ad^ for increafing the Rewards given for killing of
Wolves, to be paid by the refpedive Counties wherein the Services fhall be performed, was
read a third Time, and the Blanks therein filled up.
Refolved, That the faid Bill do pafs.
Ordered, That M"' Mercer do carry it up to the Council for their Concun^ence.
The Houfe proceeded to the Confideration of the Amendments propofed by the
Coimcil to the Bill entitled An Ad' to enable Tenants in Taille to make Leafes of their
Lands, and the fame being read were agreed to.
Ordered, That M"" Edmund Pendleton do go up to the Council and acquaint them
therewith.
An engroffed Bill entitled An Ad^ to dock the Entail of 1973 Acres of Land in the
Parifh of Martin's Brandon, and County of Prince George, whereof Nathaniel Harrifon is
feized in Fee Taille, and for vefting the fame in Truftees in Fee Simple, for the Ufes therein
merttioned, was read a third Time.
Refolved, That the faid Bill do pafs.
Ordered, That M"" Attorney do carry it up to the Council for their Concurrence.
A Meffage from the Govemour by M'' Walthoe,
That his Honour had juft received a Letter from Col. Andrew Lewis, acquainting him
of the ill Condud of fome of the Inhabitants of Augufta, in killing fome of the Cherokee
Nation of Indians, which he direded him to deliver to this Houfe, and the fame was read.
Ordered, That the faid Letter do lie on the Table.
On a Motion made,
Refolved, That the killing the Cherokee Indians, as is mentioned in a Letter of Col.
Andrew Lewis, to his Honour the Govemour, which he has been plea^'ed to lay before
this Hotife, is a flagrant Violation of the Treaties of Peace eftablifhed and fubfifting
between his Majefty and the faid Indians, and of the Laws of this Colony, and that the
Offenders ought to be profecuted with the utmoft Severity.
Refolved, That an Addrefs be prefented to the Governour, to defire that he will be
pleafed to offer a confiderable Reward for apprehending the faid Affaffms, that he will
caufe the Refolution of this Houfe to be tranfmitted to the Cherokees, and affure them
that every proper Step will be taken to bring the Offenders to Juftice.
Ordered, That M'' Attorney do wait on his Honour with the faid Addrefs.
The Order of the Day being read for the Houfe again to refolve itfelf into a Com-
mittee on the Bill For amending and further continuing the feveral Adts of Affembly of
this Colony for amending the Staple of Tobacco, and preventing Frauds in his Majefty's
Cuftoms.
Refolved, That this Houfe will again refolve itfelf into a Committee on the faid Bill
To-morrow.
The Order of the Day being read for the Houfe again to refolve itfelf into a Com. »
mittee on the Bill For amending the Adt entitled An Ad* for direding the Trial of Slaves
committing
' Hening, VIII, p. 147. ' Ibid., VIII, p. 183. 3 Ibtd., VIII, p. 174. 4 Ibid., VI, p. 104.
[ 337 ]
committing Capital Crimes, and for the more effedual punifhing Confpiracies and Infur-
redions of them, and for the better Government of Negroes, Midattoes, and Indians, bond or
free, the Houfe immediately refolved itfelf into a Committee on the faid Bill ; and after
fome Time fpent therein, M'" Speaker refumed the Chair, and M'' Attorney reported that
the Committee had gone through the faid Bill, and had made fome Amendments thereto
which he read in his Place, and then delivered in at the Table, where they were again
twice read, and agreed to.
Ordered, That the faid Bill with the Amendments be engroffed, and read a third Time.
An Account of Benjamin Powell for repairing the Publick Gaol, was prefented to the
Houfe and read.
Refolved, That he be paid the Sum of ;£388. 13 . 8 Halfpeny, for repairing the Pub-
lick Gaol.
Ordered, That M'' Attorney do carry it up to the Council for their Concurrence.
An engroffed Bill entitled An Ad' for eftablifhing a Ferry from the Land of Thomas
Shepherd at Mecklenburg, in Frederick County, to Maryland, was read a third Time, and
the Blanks therein filled up.
Refolved, That the faid Bill do pafs.
Ordered, That M"' Attorney do carry it up to the Council for their Concurrence.
And then the Houfe adjourned until Tomorrow Morning 10 "'Clock.
29
I5ues6a?, tl)e Hl\) of ^a^. 5 ©eo. Ill 1765,
A Bill For the Sale of the ufelefs military Stores in the Magazine in Williamfburg,
was read a fecond Time, and committed to M'' Attorney and M'' Mercer.
A Petition of fundry Inhabitants of the Parifh of Truro, praying a more
equal Divifion of the faid Parifh.
Alfo feveral Petitions in Oppofition thereto, were prefented to the Houfe and read.
Ordered, That the faid Petitions be referred to the Committee of Propofitions and
Grievances; that they examine into the Allegations thereof, and report the fame, with
their Opinion thereupon, to the Houfe.
A Meffage from the Council by M"' Walthoe,
That they have agreed to the Bill entitled An Adl^ for opening and clearing a Road
through Swift Run Gap, over the Mountains in Augufta.
Alfo to the Bill entitled An Adt^ for further continuing the Adt entitled An Adt for the
better regulating and colledting certain Officers Fees, and for other Purpofes therein
mentioned.
Alfo to the Bill entitled An Ad* to oblige the Veftry of the Parifh of Nottoway to
refund to the Parifh of St. Luke their Proportion of Money and Tobacco raifed for repair-
ing the Churches in the faid Parifh of Nottoway before the Divifion thereof.
Alfo to the Bill entitled An Adts for increafmg the Rewards given for killing Wolves,
within certain Counties, to be paid by the refpedlive Counties wherein the Services fhall
be performed.
Alfo a Bill entitled An Adt^ for allowing the full Fees to which the Lawyers pradtifmg
in the feveral Courts of this Colony are entitled in particular Cafes therein mentioned,
to be taxed upon Recovery in the Bill of Cofts.
M'' Walker, from the Perfons to whom the Bill To amend an Adt for raifmg a Pub-
lick Levy, and for other Purpofes therein mentioned, was committed, reported that they
had examined into the Allegations thereof, and found them to be true, and had made
fome Amendments thereto ; which he read in his Place and then delivered the Bill with
the Amendments in at the Table, where they were again twice read, and agreed to by the
Houfe, with fome Amendments.
Ordered
' Hening, VIII, p. 146. 3 Ibid., VIII, p. 186. s Ibid., VIII, p. 147.
" Ibid., VIII, p. 152. 4 Ibid., VIII, p. 177. 6 Ibid., VIII, p. 184.
[ 338 ]
Ordered, That the faid Bill with the Amendments, as agreed to, be engroffed, and
read a third Time.
A Meffage from the Council by M'' Walthoe,
That they have agreed to the Bill entitled An Adl' to dock the Entail of 1973 Acres of
Land in the Parifli of Martin's Brandon, in the County of Prince George, whereof Nathan-
iel Harrifon is feized in Fee Taille, and for vefting the fame in Truftees in Fee Simple for
the Ufes therein mentioned.
Alfo a Bill entitled An A(5l^ for eftablifhing a Ferry from the Land of Thomas Shep-
herd at Mecklenburg, in Frederick County, to Maryland.
M^ Benjamin Harrifon, from the Committee of Trade, prefented to the Houfe,
according to Order, a Bill To amend the A(5l for infpedling Pork, Beef, Flower, Tar,
Pitch, and Turpentine ; and the faid Bill was read the firft Time, and ordered to be read
a fecond Time.
M'' Attorney, from the Committee of Propofitions and Grievances, to whom the Bill
For the more effedlual and fpeedy Profecution of Perfons fetting up Hedges or Stone
Stops in the River Pamtinkey, and for other Purpofes therein mentioned, was committed,
reported that the Committee had made no Amendments thereto ; and then delivered the
Bill in at the Table.
And the Queftion being put that the faid Bill be engroffed and read a thrid Time,
It paffed in the Negative.
Refolved, That the faid Bill be rejedted.
He aKo reported, from the faid Committee, that they had had imder their Confider-
ation divers Propofitions and Petitions to them refen-ed, and had come to feveral Refolu-
tions thereupon ; which he read in his Place, and then delivered them in at the Table,
where they were again twice read, and agreed to, as follow:
Refolved, That the Petition of fundry Tanners, and others, concerned in the Leather
Manufadtures of this Colony, praying that they may be exempt from the Payment of
Duties on the Exportations of fuch Hides only as they fhall hereafter import, is reafon-
able.
Refolved, That the Petition of fundry Inhabitants of the Parifhes of Bromfield and
St. Mark's, in the County of Culpeper, praying that the faid Parifhes may be divided
into three diftindl Parifhes, according to the Boundaries defcribed in the faid Petition,
be rejedled.
Refolved, That the feveral Petitions of fundry other Inhabitants of the faid Parifhes,
in Oppofition to the faid Petition for a Divifion, are reafonable.
Ordered, That the faid Committee do prepare and bring in a Bill purfuant to the
firft Refolution.
M'' Littlepage prefented to the Houfe, according to Order, a Bill To dock the Entail
of 1500 Acres of Land whereof Thomas Mann Randolph, Gent, is feized, and for fettling
other Lands in Lieu thereof to the fame Ufes ; and the faid Bill was read the firft Time,
and ordered to be read a fecond Time.
On a Motion made,
Ordered, That it be an Inftrudlion to the Perfons to whom the Bill To prevent the
raifing of Hogs, and fuffering them to run at large, in the Town of Richmond, is commit-
ted, to receive a Claufe or Clavifes to include the Town of Portfmouth and Leeds Town.
On a Motion made,
A Bill To dock the Entail of 1500 Acres of Land whereof Thomas Mann Randolph,
Gent, is feized, and for fettling other Lands in Lieu thereof to the fame Ufes, was read a
fecond Time, and committed to M"" Littlepage, M"" Moore, and the Members of Albemarle,
An engroffed Bill entitled An Ad^ to veft certain Lands whereof Rice Jones is feized
in Fee Taille, in the Hon. Richard Corbin, Efq; in Fee Simple, and for fettling Slaves to he
annexed to other entailed Lands in Lieu thereof, was read a third Time.
Refolved
« Hening, VIII, p. 174. ' Ibid., VIII, 146. 3 Ibid., VIII, p. 159.
30
[ 339 ]
Refolved, That the faid Bill do pafs.
Ordered, That M'' John Lee do carry it up to the Council for their Concurrence.
The Order of the Day being read for the Houfe to take into Confideration the Memo-
rial of the Volunteers of Virginia, and the Letters from General Gage, and Col. Bouquet.
The Houfe immediately refolved itfelf into a Committee on the faid Memorial and
Letters, and after fome Time fpent therein, M'' Speaker refumed the Chair, and M"" Attor-
ney reported that the Committee had had the faid Memorial under their Confideration,
and had come to the following Refolutions :
Refolved, That the Memorial of the Officers and Volunteers who ferved in the Expe-
dition againft the Shawanefe, imder the Command of Col. Bouquet, ought to he rejedled,
they having no Claim againft this Colony.
The Order of the Day being read for the Hotafe again to refolve itfelf into a Committee
on the Bill For amending and further continuing the feveral Adts of Affembly of this
Colony for amending the Staple of Tobacco, and preventing Frauds in his Majefty's
Cuftoms.
Refolved, That this Houfe will again refolve itfelf into a Committee on the faid Bill
Tomorrow.
And then the Hoiife adjourned until Tomorrow Morning lo "'Clock.
We6nes6ar, t^e I5tb of 5ttar, 5 (Beo, III. 1765.
AN engroffed Bill entitled An Ad^ to dock the Entail of certain Lands whereof
Harry Beverley, Gent, is feized and for fettling Slaves to be purchafed in Lieu
thereof to the fame Ufes, was read a third Time, and the Blanks therein filled up.
Refolved, That the faid Bill do pafs.
Ordered, That M'' Edmund Pendleton do carry it up to the Council for their Concur-
rence.
A Petition of fundry Inhabitants of Elizabeth City County, fetting forth the Hard-
fhips and Inconveniences they muft fuffer in Cafe Henry Allen is permitted to build a
Bridge over the fouth Branch of Back River, and praying that the faid Allen may not be
allowed.
Ordered, That the faid Petition be referred to the Committee of Propofitions and
Grievances ; that they examine into the Allegations thereof, and report the fame, with
their Opinion thereon, to the Houfe.
31 M"" Cary, from the Committee of Claims, reported that they had had under their
Confideration feveral Petitions to them referred, and had come to the following Refolu-
tions thereupon as follow :
Refolved, That William Winfton, Jun. ought to be allowed by the Publick the Sum
oi £2Sj, for the Timber ufed in building a Fort, and the Damages done his Plantation by
the Militia in his Petition mentioned.
Refolved, That the Petition of John Patrick, for a Horfe impreffed into the Service of
the Colony in the Year 1761, be rejedled, for Want of fufficient Proof.
Refolved, That the Petition of Simon Powell, of the Orange Militia, for Relief under
an Indifpofition caufed by his Service on the Frontiers, be rejeded.
On confidering the Petition of Capt. John Smith, it appeared to your Committee
that the faid Smith was Captain of a Ranging Company, and taken Prifoner by the
Enemy at Vauff's Fort, where he was ftationed the 25**^ Day of J^ine, 1756, and carried
to Canada, from thence in a Cartel to England, where he got a Paffage to New York, and
returned Home to his Family in this Colony the 6* Day of March, 1758 : That while he
was a Prifoner in Canada he had the Sum of £$7. 16. 3 current Money of Virginia
advanced him by Col. Schuyler, which Sum hath been fince paid the faid Schuyler by
this Colony.
Refolved
» Hening, VIII, p. 166.
[ 340 ]
Refolved, That the faid John Smith ought to be allowed his Pay of los. per Day
from the Time he was taken Prifoner to his Return to his Family, amounting to ;£3io,
by the Pub lick.
Refolved, That the Sum of ;^57. i6. 3 ought to be reimburfed the Publick by the
faid John Smith, unlefs he makes it appear that the faid Money was applied by him to
the Support and Maintenance of the Prifoners of this Colony, in Canada.
Refolved, That the Petition of Baldwin Dade and Thomas Bunhury, Infpedlors at
Boyd's Hole Warehoufe, to be paid for Tobacco ftolen out of the faid Warehovife, be
rejedted, it not appearing to this Committee that the faid Warehoufe was fufificiently
fecured at the different Times the feveral Hogfheads of Tobacco were ftolen.
On confidering the Petition of Job Parker, it appeared to your Committee that a
Horfe belonging to the Petitioner, of the Value of 12 or 13 Potmds was impreffed by
Capt. William Polfon of the Virginia Regiment, loaded, and carried away by him on his
March to join the Troops under General Braddock: That the faid Parker not being pref-
ent when the Horfe was impreffed, and Capt. Polfon and moft of his Officers soon af-
ter killed in faid Braddock' s Engagement, it does not appear that an Certificate was ever
given for the faid Horfe, and that all Expenfes of Waggonage and Horfes for that Ex-
pedition were paid by the Crown.
Refolved, That the faid Petition be rejefted, not being a proper Claim againft this
Colony ; and the fame being read were agreed to by the Houfe, except the 4* and s't
Refolutions, which were ordered to be recommitted to the faid Committee.
M'' Attorney, from the Committee of Propofitions and Grievances, reported that they
had, according to Order, examined into and ftated an Accotmt of the Expenfes for the
Attendance of Witneffes before the Commiffioners in the Country, on the Information
formerly exhibited to this Houfe by M-- Thomas Rutherford againft Col. Adam Stephen;
and which he read in his Place, and then delivered it in at the Table, where it was again
twice read, and is as follows:
Days Attendance. Travelling. lbs. of
Miles Tobacco'
32
To James Holyday, for 3
Johyi Gaddis 3
Jofeph M' Henry 3
Robert Cunningham i
Jonathan Seaman 4
Thomas Parfons 3 (5°
John M'CuUoch 5^
Silas Hedges 3 &
John Wynn 2 &
Henry Enochs 3 &
Garrett Reafner 3 &
Abraham Hite 2 &
William Dark 3 &
Benjamin Kuykendall 3 &
Abraham Kuykendall 36°
Nathaniel Kuykendall 3 &
Thomas Douthitt 46°
James Slaughter 2 &
Samuel Blackwell 4 (5'
Charles Lynch $ &
Jacob Caftleman 3 &
Vincent Colvin 3 &
75
75
25
100
72
291
60
305
60
255
75
276
27
156
50
225
72
266
90
345
56
243
56
243
S3
234
60
280
60
230
75
325
75
350
50
225
50
225
Total. .
4823
Ordered
33
[341 ]
Ordered, That the faid Account do lie on the Table.
He aKo reported that the faid Committee had under their Confideration feveral
Petitions of the Inhabitants of the Parifhes of Truro and Fairfax to them referred, and
had come to the following Refolutions thereupon ; which he read in his Place, and then
delivered in at the Table, where they were again read, and are as follow :
Refolved, That the Petition of fundry Inhabitants of the Parifh of Truro, complaining
of an Inequality in the late Divifion of the faid Parifhes, and praying that a new Divifion
may be made, by the Line to begin at Clifton's or John fan's Ferry, on Potowmack River,
to run from thence over the Ford on Dogue's Rtin, where the back Road from Colchefter
to Alexandria croffes the fame, and from thence to the Forks of Difficult Rtm, is reafon-
able.
Refolved, That fo much of the Petitions of fundry Inhabitants of the faid Parifla of
Fairfax, in Oppofition thereto, as prays that if the faid Pariflies are to be divided it may
be done by other Lines in the faid Petition defcribed, is reafonable.
The firft Refolution being read a fecond Time, and the Queftion put that the Houfe
agree thereto.
It paffed in the Negative.
Refolved, That the faid Petition be rejedled.
Ordered, That the faid Committee do prepare and bring in a Bill purfuant to the
laft Refolution.
He aKo reported, from the faid Committee, the Bill To amend the feveral Adls for
obliging the Owners of Mills, Hedges, and other Stops on the feveral Rivers therein men-
tioned, to make Openings or Slopes therein for the Paffage of Fifh ; and the fame was
read the firft Time, and ordered to be read a fecond Time.
The Order of the Day being read for the Houfe again to refolve itfelf into a Com-
mittee on the Bill For amending and further continuing the feveral Adls of Affembly of
this Colony for amending the Staple of Tobacco, and preventing Frauds in his Majefty's
Cuftoms.
Refolved, That this Houfe will immediately refolve itfelf into a Committee on the
faid Bill.
Ordered, That the feveral Petitions that were ordered to lie on the Table, relative to
the faid Law, be referred to the faid Committee.
And then the Hoiife refolved itfelf into a Committee on the faid Bill and Petitions ;
and after fome Time fpent therein, M"" Speaker refumed the Chair, and M"" Attorney
reported that they had had the fame under their further Confideration, and had gone
through the fame, which he was ready to deliver in at the Table.
Ordered, That the faid Report be received Tomorrow.
And then the Houfe adjourned until Tomorrow Morning lo "'Clock.
Z5burs6aY. tl)e I6tl) of yUa^. 5 (Beo. Ill 1765.
MR Bradley, from the Committee to whom the Bill To prevent the raifing of
Hogs, and fuffering them to nm at large, in the Town of Richmond, was
committed, reported that the faid Committee had made fome Amendments
thereto ; which he read in his Place, and then delivered the Bill with the
Amendments in at the Table, where they were again twice read, and agreed to by the
Houfe.
Ordered, That the faid Bill with the Amendments be engroffed, and read a third
Time.
An engroffed Bill entitled An Ad^ for amending the Ad entitled an Ad for direding
the Trial of Slaves committing Capital Crimes, and for the more effedual punifhing Con-
f piracies and Infurredions of them, and for the better Government of Negroes, Mulattoes, and
Indians, bond or free, was read the third Time.
Refolved
I Hening, VIII, p. 137.
[ 342 ]
Refolved, That the £aid Bill do pafs.
Ordered, That M'' Attorney do carry it up to the Council for their Concurrence.
An engroffed Bill entitled An Ad' to amend an Ad for raifing a Publick Levy, and
for other Purpofes therein mentioned, was read a third Time, and the Blanks therein filled
up.
Refolved, That the faid Bill do pafs.
Ordered, That M'' Cary do carry it up to the Council for their Concvurence.
A Meffage from the Council by M'' Walthoe.
That they have agreed to the Bill For amending and declaring the Law concerning the
Efcape of Debtors out of Prifon Rules, and for other Purpofes therein mentioned, with an
Amendment, to which they defire the Concurrence of this Houfe.
Alfo to the Bill To dock the Entail of certain Lands whereof Harry Beverley, Gent, is
feized, and for fettling Slaves to be purchafed in Lieu thereof to the fame Ufes.
Alfo to the Refolve for a new Publication of the Laws of this Colony. 34
M"" Cary, from the Committee of Claims, reported that the faid Committee had had
under their further Confideration the Petition of Capt. John Smith, to them recommitted,
and had come to the following Refolutions thereupon ; which he read, and then delivered
them in at the Table, where they were again twice read, and agreed to by the Houfe.
Refolved, That the faid John Smith ought to be paid by the Publick the Sum of
£8;^ . 13 . 9, being the Balance of his Pay of £241 . 10, from the Time of his Captivity to
his Return to his Family, deducting ;^ioo received by the faid Smith by the Vote of the
Houfe, and £s7 . 16.3 received by him of Col. Schuyler in Canada, and repaid the faid
Schuyler by this Colony.
Refolved, That the faid John Smith ought to be reimburfed the faid Sum of £$"; .
16. 3 by the Publick, or fo much thereof as he fhall hereafter make appear was expended
by him on Account of the Prif oners of this Colony in Canada.
M'' Attorney prefented, according to Order, the Amendments made by the Committee
of the whole Houfe to the Bill For amending and further continuing the feveral Adts of
Affembly of this Colony for amending the Staple of Tobacco, and preventing Frauds in
his Majefty's Cuftoms.
Refolved, That this Houfe will receive the fame To-morrow.
M'' Cary, from the Committee of Claims, reported that the faid Committee had had
under their Confideration the Petition of Ifaac Perkins, to them referred, praying to be
allowed for two Years Rent of a Houfe in Winchefter while it was repairing, after being
ufed as an Hofpital for the Virginia Regiment, and had come to a Refolution thereupon;
which he read in his Place, and then delivered in at the Table, where it was again twice
read and agreed to by the Houfe.
Refolved, That the aid Petition be rejedted, it appearing that the Petitioner hath
already received full Satiffa<5lion for all Damages done the faid Houfe while it was ufed
as an Hofpital for the Regiment.
M'' Attorney, from the Committee of Propofitions and Grievances, reported that the
faid Committee had had under their Confideration the Bill To prevent the Pradtice of
felling Perfons as Slaves that are not fo, to them referred, and had made fome Amend-
ments thereto ; which he read in his Place, and then delivered the Bill with the Amend-
ments in at the Table, where they were again twice read, and agreed to by the Houfe.
Ordered, That the faid Bill with the Amendments be engroffed, and read a third
Time.
M' Attorney, from the Committee of Propofitions and Grievances, reported that the
faid Committeeiiad had under their Confideration the Petition of Henry Allen, and fim-
dry Inhabitants of the Counties of Elizabeth City and York, and alfo a Petition of divers
other Inhabitants|]of the"faid County of Elizabeth City in Oppofition thereto, to them
referred, and^had come to feveral Refolutions thereupon ; which he read in his Place, and
then
> Hening. VIII, p. 178
[ 343 ]
then delivered in at the Table, where they were again twice read, and agreed to by the
Houfe, and are as follow:
Refolved, That the Petition of the faid Henry Allen, and others praying that he may
have Leave to build a Bridge over the fouth Branch of Back River, at his own Expenfe,
and aKo a Fulling Mill and Grift Mill at the fame Place, and that one Acre of Land on
the north Side of the faid Branch may be vefted in him in Fee Simple for thofe Purpofes,
upon his paying the Proprietors thereof the full Value of the fame, is reafonable.
Refolved, That the faid Petition of fundry other Inhabitants of the faid County of
Elizabeth City, in Oppolition thereto, be reje(5ted.
35 Ordered, That the Committe of Propofitions do prepare and bring in a Bill purfuant
to the I ^' Refolution.
And then the Houfe adjourned until Tomorrow Morning lo "'Clock.
JFri6ar. ^h<^ I7t[) of 5lla?, 5 (5eo, III 1765.
ORDERED, That M"- Walke have Leave to be abfent the Remainder of this Seffion.
A Petition of fundry Freeholders and others of the County of Weftmore-
land, praying that the Warehoufes at Stratford Landing may not be difcon-
tinued, was prefented to the Houfe and read.
Ordered, That the Petition do lie on the Table.
M"" Attorney, from the Committee of the whole Houfe, to whom the Bill For amend-
ing an Adl entitled An Ad ■ for amending the Staple of Tobacco, and for preventing Frauds
in his Majefty's Cuftoms, was committed, reported, according to Order, that the faid
Committee, had made fome Amendments thereto ; which he read in his Place, and then
delivered the Bill with the Amendments in at the Table, where they were again twice
read, and agreed to by the Houfe, with fome Amendments.
Ordered, That the faid Bill with the Amendments be engroffed, and read a third
Time.
A Meffage from the Coimcil by M"" Walthoe.
That they have agreed to the Bill entitled An^ A(5t to amend an A(5t for raifmg a Publick
Levy, and for other Purpofes therein mentioned.
Alfo to the Bill entitled An Adt^ for amending the Adl entitled an Adt for dire(fting the
Trial of Slaves committing Capital Crimes, and for the more effectual punifhing Confpir-
acies and Infurredlions of them, and for the better Government of Negroes, Mulattoes,
and Indians, bond or free, with fome Amendments to which they defire the Concurrence of
this Houfe.
And then the Houfe adjourned until Tomorrow Morning lo "'Clock.
SoXmha^. \\)Q, IStl) of 5tta^, 5 <5eo. Ill 1765.
A Member returned on a new Writ, having taken the Oaths appointed to be taken
by A(5l of Parliament, inftead of the Oaths of Allegiance and Supremacy and
taken and fubfcribed the Oath of Abjuration, and aKo fubfcribed the Teft was
admitted to his Place in the Houfe.
A Petition of Thomas Brown, fetting forth that he was a Soldier under Col. George
Wafhington, and received many Wounds in the Service, which has occafioned the Lofs of
the life of fome of his Limbs, and praying the Confideration of this Houfe, was prefented
to the Houfe and read.
Ordered, That the faid Petition be referred to the Committee of Claims ; that they
examine
• Hening, VIII , p. 69. ' Ibid.. VIII, p. 178. 3 Ibid.. VIII, p. 137.
[ 344 ]
examine into the Allegations thereof, and report the fame with their Opinion thereon, to
the Houfe.
M'' Wythe, from the Committee to whom the Bill to veft certain Lands in James
Hnbard, and fettling other Lands in Lieu thereof, was committed, reported that they
had examined into the Allegations thereof, and found them to be true, but had made
no Amendments thereto.
Ordered, That the faid Bill be engroffed, and read a third Time.
M'' Attorney, from the Committee to whom the Bill For the Sale of the ufelefs mili-
tary Stores in the Magazine in Williamfhurg, was committed, reported that the faid
Committee had examined into the Allegations thereof, and found them to be true and,
had made fome Amendments thereto; which he read in his Place, and then delivered
the Bill with the Amendments in at the Table, where they were again twice read, and
agreed to by the Houfe.
Ordered, That the faid Bill with the Amendments be engroffed, and read a third
Time.
M"' Henry Lee reported that the Committee appointed had, according to Order,
examined fundry enrolled Bills, and redtified fuch Miftakes as were found therein, and
that they were truly enrolled.
Ordered, That M'' Henry Lee do carry them up to the Council for their Infpe<5lion.
Ordered, That Mefs. Parramore, Dalby, and Harmanfon, have Leave to be abfent
the Remainder of this Seffion.
The Claims of John Buchanan, Walker Johnfton, and John Tremble, were feverally
prefented to the Houfe and read.
Ordered, That the faid Claims be referred to the Confideration of the next Seffion of
Affembly.
A Meffage from the Council by M'' Walthoe.
That they have infpeded the enrolled Bills, and are fatiffied they are truly enrolled.
A Meffage from the Governour by M'' Walthoe.
M^ Speaker,
The Governour commands the immediate Attendance of your Houfe in the Council
Chamber, and that you bring with you fuch Bills and Refolves as are ready for his Affent.
M"" Speaker with the Houfe went up accordingly, and his Honour the Governour
was pleafed to give his Affent to the following publick and private Adts :
1. An Ad' to amend an Ad for raifing a Publick Levy, and for other Purpofes therein
mentioned.
2. 'To enable Tenants in Taille to make Leafes of their Lands.
3. ipor further continuing the Ad entitled An Ad for the better regulating and colleding
certain Officers Fees, and for other Purpofes therein mentioned.
4. *For allowing the full Fees to which the Lawyers pradifing in the fever al Courts of
this Colony are entitled, in particular Cafes therein fnentioned, to be taxed upon Recovery
in the Bill of Cofts.
5. ^To oblige the Veftry of the Parifh of Nottoway to refund to the Parifh of St. Luke
their Proportion of Money and Tobacco raifed for repairing the Churches in the faid Parifh
of Nottoway before the Divifion thereof.
6. ^To dock the Entail of 7973 Acres of Land in the Parifh of Martin's Brandon, in
the County of Prince George, whereof Nathaniel Harrifon is feized in Fee Taille, and for
vefting the fame in Truftees in Fee Simple for the Ufes therein mentioned.
And then the Houfe adjourned until Monday Morning 10 "'Clock.
36
5llon6aY
• Hening, VIII, p. 178. 3 /6i<i., VIII, p. i86. s Ibid., VIU, p. ijj.
' /Mrf., VIII. p. 183. 4 /Wd., VIII, p. 184. 6 /Wrf,, VIII, p. 174.
37
38
[ 345 ]
5tton6aY. tl)e 20t^ of iKa^. 5 <5eo. IIL 1765,
A Member returned on a new Writ, having taken the Oaths appointed to be taken
by Adt of Parliament, inftead of the Oaths of Allegiance and Supremacy, and
taken and fubfcribed the Oath of Abjuration, and alfo fubfcribed the Teft, was
admitted to his Place in the Houfe.
Ordered, That M"- Ward be added to the Committee of Claims, and M-- Henry to the
Courts of Juftice.
An engroffed Bill entitled Ayi Ad' to prevent the raifing of Hogs, and fiiffering them
to run at large, in the Town of Richmond, was read the third Time, and the Blanks there-
in filled up.
Refolved, That the faid Bill do pafs.
Ordered, That M'' Bradley do carry it up to the Coimcil for their Concurrence.
The Houfe proceeded to the Confideration of the Amendment propofed by the
Council to the Bill For amending the Adl entitled An Ad" for diredingtheTrial of Slaves
committing Capital Crimes, and for the more effedual punifhing Confpiracies and Infur-
redions of them, and for the better Government of Negroes, Miilattoes, and Indians, bond or
free, and the fame being read, were agreed to.
Ordered, That M'' Attorney do go up to the Council, and acquaint them therewith.
An engroffed Bill entitled An Ad^ for enlarging the Jurifdidion of the Court of Huft-
ings in the Borough of Norfolk, was read the third Time.
Refolved, That the faid Bill do pafs.
Ordered, That M'' Attorney do carry it up to the Council for their Concurrence.
An engroffed Bill entitled An Ad-* to prevent the Pradice of felling Perfons for flaves
that are not fo, was read the third Time, and the Blanks therein filled up.
Refolved, That the faid Bill do pafs.
Ordered, That M"" Attorney do carry it up to the Council for their Concurrence.
An engroffed Bill entitled An Ad^ for the Sale of the ufelefs Military Stores in the
Magazine in WilHamfburg, was read the third Time, and the Blanks therein filled up.
Refolved, That the faid Bill do pafs.
Ordered, That M'' Attorney do carry it up to the Council for their Concurrence.
A Meffage from the Council by M"" Walthoe.
That tltey have agreed to the Bill entitled An Adt* for enlarging the Jurifdidlion of the
Court of Huttings in the Borough of Norfolk.
On a Motion made,
Refolved,That the Bill palfed this Seffion For amending the Act entitled An Ad^ for
raifing a Publick Levy, and for other Purpofes therein mentioned, allows the People to pay
Part of the faid Levy in Money in different Proportions in feveral Counties, which from
the Manner of proportioning the Levy could not otherwife be done, this Houfe will at the
Time of laying the next Levy adjiift the faid Relief, fo as to extend it equally to all.
A Bill To amend the feveral Adls for obHging the Owners of Mills, Hedges, and other
Stops, on the feveral Rivers therein mentioned, to make Openings or Slopes therein for
the Paffage of Fifh, was read a fecond Time, and committed to the Committee of Prop-
ofitions and Grievances.
And then the Houfe adjourned until Tomorrow Morning lo "'Clock.
> Not in Hening. 3 Ibid., VIII, p. 153. s Ibid., VIII, p. 146. » Ibid., VIII, p. 178
» Hening, VI, p. 104. ■« Ibid., VIII, p. 133. * Ibiii., VIII, p. 153.
A
[ 346]
Buesda^ t^e 2Ut of 5ttar. 5 (5ao, III 1765.
N engroffed Bill entitled An Ad^ for amending and further continuing the feveral
Ads of Affembly of this Colony for amending the Staple of Tobacco, and prevent-
ing Frauds in his Majefty's Cuftoms, was read the third Time, the Blanks
therein filled up, and a Rider added.
Refolved, That the faid Bill do pafs.
Ordered, That M"" Attorney do carry it up to the Council for their Concurrence.
A Meffage from the Council by M'' Walthoe,
That they have agreed to the Bill entitled An A&.' to prevent the Pra(ftice of felling
Perfons for Slaves that are not fo.
Alfo to the Bill entitled An AcftJ to veft certain Lands whereof Rice Jones is feized in
Fee Taille, in the Hon. Richard Corbin, Efq ; in Fee Simple, and for fettling Slaves to be
annexed to other entailed Lands in Lieu thereof.
M'' Attorney, from the Committee of Propofitions and Grievances, prefented to the
Hovife, according to Order, a Bill To empower Henry Allen to build a Bridge, and a
Fulling and Grift Mill, on the fouth Branch of Back River, in the County of Elizabeth
City.
Alfo a Bill entitled An Ad* for repealing an Ad paffed in the former Part of this
prefent Seffion of Affembly entitled An Ad for dividing the Parifh of Truro, in the County
of Fairfax, and for making a more equal Divifion of the faid Parifh; and the faid Bills
were read the firft Time, and ordered to be read a fecond Time.
He aKo reported, from the faid Committee, to whom the Bill entitled An Ad^ for the
better Government of Servants and Slaves, was committed, that the faid Committee had
made feveral Amendments thereto ; which he read in his Place, and then delivered the
Bill with the Amendments in at the Table where the Amendments were again twice read
and agreed to with fome Amendments by the Houfe.
Ordered, That the faid Bill with the Amendments be engroffed, and read a third
Time.
On a Motion made.
The Bill To empower Henry Allen to build a Bridge, and a Fulling and Grift Mill,
on the fouth Branch of Back River, in the County of Elizabeth City, was read a fecond
Time, and committed to the Committee of Propofitions and Grievances.
On a Motion made.
The Bill entitled An Ad^ for repealing an Ad paffed in the former Part of this prefent
General Affembly entitled An Ad for dividing the Parifh of Truro in the County of Fairfax
and for making a more equal Divifion of the faid Parifh, was read a fecond Time, and com-
mitted to the Committee of Propofitions and Grievances.
And then the Houfe adjourned until Tomorrow Morning lo "'Clock.
'W'lbnQ^sba^, tl)e 22n5 of 5ttar. 5 (Beo. Ill 1765.
A Petition of Frances Afhby, fetting forth that her deceafed Hufband Nirnrod Afhby
commanded a Company of Militia on the Frontiers in the Year 1763, and
that he was under the Neceffity to advance his own Credit to fumifh the
Militia with Clothes and other Things fit for the Service ; that he employed
certain Perfons as Pilots or Runners, who with feveral others empowered him to draw
their Pay which he did ; and on his Return to the Frontiers was attacked by a Party of
Indians, who murdered him and took from him all his Money, to the Amount of 66 or
67 Pounds, and praying the Relief of this Houfe.
Refolved
> Not paffed until Nov. 1766. 3 Ibid., VIII, p. 159. s Ibid., VI, p. 256.
» Hening, VIII, p. 133. 4 Ibid.. VIII, p. 157. « Ibid., VIII, p. 157.
39
40
[ 347 ]
Refolved, That the faid Petition be referred to the Confideration of the next Seffion
of Affembly.
A Petition of William Phillips, praying a Confideration for his Services in attending
the Volunteers in the Year 1755, was prefented to the Houfe and read.
Ordered, That the faid Petition be referred to the Confideration of the Committee of
Claims ; that they examine into the Allegations thereof, and report the fame, with their
Opinion thereon, to the Houfe.
M'' Cary, from the Committee of Claims, prefented to the Houfe, according to Order,
a Bill For appointing Commiffioners to examine and ftate the Accounts of the Militia
lately ordered out into a(5tual Service, and for other Purpofes therein mentioned, with a
Schedule annexed; and the fame was read the firft Time, and ordered to be read a
fecond Time.
An engroffed Bill entitled An Ad' to veft certain Lands the reinmentioned in James
Hubard, and fettling other Lands and Slaves in Lieu thereof, was read a third Time.
Refolved, That the faid Bill do pafs.
Ordered, That M'' Wythe do carry it up to the Council for their Concurrence.
M'' Attorney, from the Committee of Propolitions and Grievances, to whom the Bill
To empower Henry Allen to build a Bridge, and a Fulling and Grift Mill, on the fouth
Branch of Back River, in the County of Elizabeth City, was committed, reported that
the Committee had made no Amendments thereto ; and he delivered the Bill in at the
Table.
And the Queftion being put that the faid Bill be engroffed and read a third Time.
It paffed in the Negative.
Refolved, That the faid Bill be rejedted.
He alfo reported the Bill For exempting the Exporters of dreffed Hides or Skins
from the Payment of Duties for fuch as had been before imported ; and the faid Bill was
read the firft Time, and ordered to be read a fecond Time.
He alfo reported, from the faid Committee, to whom the Bill entitled An Ad'' for
repealing an Ad paffed in the former Part of this prefent Seffion of Affembly entitled An
Ad for dividing the Parifh of Truro, in the County of Fairfax, and for making a more equal
Divifion of the faid Parifh, was committed, that the faid Committee had made feveral
Amendments thereto ; which he read in his Place, and then delivered the Bill with the
Amendments in at the Table, where they were again twice read, and agreed to by the
Houfe.
Ordered, That the faid Bill with the Amendments be engroffed, and read a third
Time.
He alfo reported from the faid Committee, to whom the Bill To amend the feveral
Adts for obliging the Owners of Mills, Hedges, and other Stops, on the feveral Rivers
therein mentioned, to make Openings or Slopes therein for the Paffage of Fifh, was com-
mitted, that the faid Committee had made feveral Amendments thereto; which he read
in his Place, and then delivered the Bill with the Amendments in at the Table, where
the Amendments were again twice read, and agreed to with fome Amendments by the
Houfe.
Ordered, That the faid Bill with the Amendments be engroffed, and read a third
Time.
He alfo reported, from the faid Committee, to whom the Bill For altering the Method
of holding Courts in the County of Amherft, was committed, that the faid Committee
had made feveral Amendments thereto ; which he read in his Place, and then delivered
the Bill with the Amendments in at the Table, where the Amendments were again twice
read, and agreed to with fome Amendments by the Houfe.
Ordered, That the faid Bill with the Amendments be engroffed, and read a third
Time.
An engroffed Bill entitled An Ad^ for the better Government of Servants and Slaves
was read the third Time, and the Blanks therein filled up.
Refolved
' Hening, VIII, p. 168. ' Ibid., VIII, p. 157. J Ihid., VIII, p. 135.
[ 348 ]
Refolved, That the faid Bill do pafs.
Ordered, That M"" Attorney do carry it up to the Council for their Concurrence.
A Bill To amend an A(5t for infpeding Pork, Beef, Flower, Tar, Pitch, and Tur-
pentine, was read a fecond Time.
Ordered, That the faid Bill be engroffed, and read a third Time.
M"" Pendleton prefented to the Houfe, according to Order, a Bill To dired the Collec-
tion of the Land Tax in Arrear from Part of Culpeper County for the Year 1759, and for
other Purpofes therein mentioned ; and the fame was read the firlt Time, and ordered to
be read a fecond Time.
Ordered, That the Call of the Houfe be put off until To-morrow.
And then the Houfe adjourned until Tomorrow Morning 10 "'Clock.
'Dbursdar, tl)e 23r6 of ytta^. 5 <5eo. III. 1765.
FOUR new Members being returned upon new Writs, having taken the Oaths
appointed by A(5t of Parliament to be taken, inftead of the Oaths of Allegiance
and Supremacy, and taken and fubfcribed the Oath of Abjuration, and aKo
fubfcribed the Teft, were admitted to their Places in the Houfe.
M"" Attorney, from the Committee of Propofitions and Grievances, prefented to the
Houfe, according to Order, a Bill To empower the Treafurer to receive the Money due
from the Province of Pennfylvania to this Colony ; and the faid Bill was read the firft
Time, and ordered to be read a fecond Time.
An engroffed Bill entitled An Ad • for dividing the Parifh of Truro in the County of
Fairfax, and for making a more equal Divifion of the faid Parifh, was read the third Time,
and the Blanks therein filled up.
Refolved, That the faid Bill do pafs.
Ordered, That M'' Weft do carry it up to the Coimcil for their Concurrence.
On a Motion made, 4i
Ordered, That Leave be given to bring in a Bill To oblige Jofeph Rentfro, and others,
to pay to the Treafurer of this Colony the feveral Sums of Money therein mentioned ; and
it is referred to M'' Cary to prepare and bring in the fame.
On a Motion made,
Ordered, That Leave be given to bring in a Bill For continuing the A(5l for appoint-
ing an Agent, and two other A(5ls therein mentioned ; and it is referred to M'' Cary to
prepare and bring in the fame.
M"" Pendleton, from the Committee appointed to examine the Treafurer's Accounts,
reported that in the Accounts of the Duty on Liquors rendered by the Naval Officers, it
appears that the Drawback of the faid Duty hath been allowed on feveral Quantities of
Rum, as exported, which they have Reafon to believe was fold and confumed on board
his Majefty's Ships, and other Veffels in this Colony, but which they cannot afcertain,
for Want of the Certificates on which fuch Drawbacks were allowed : They therefore
defire the Diredlion of the Houfe herein.
On a Motion made,
Ordered, That Leave be given to bring in a Bill To prevent Frauds in the Drawback
of the Duties on Liquors imported into this Colony, and it is referred to the Committee
of Trade to prepare and bring in the fame.
A Petition of Henry Delony, complaining of an undue Eledlion and Return of M"'
Edmund Taylor from the County of Mecklenburg, was prefented to the Houfe and read.
Ordered, That the faid Petition be referred to the Committee of Privileges and
Eledlions; that they examine into the Allegations thereof, and report the fame, with
their Opinion thereon, to the Houfe.
M"' Cary, from the Committee of Claims, reported that the Committee had had under
their
" Hening, VIII, p. 157.
42
[ 349 ]
their Confideration feveral Petitions to them referred, and had come to feveral Refo-
lutions thereupon ; which he read in his Place, and then delivered in at the Table, where
they were again twice read, and agreed to by the Hotife, as follow :
Refolved, That the Petition of Thomas Brown, a wounded Soldier, is reafonable, and
that he ought to be allowed by the Publick the Sum of ;^2o for his prefent Relief, and the
Sum of ;^5 per Annum during Life.
Refolved, That the Petition of William Phillips, to be allowed for his Services in the
Defence of the Frontiers of this Colony as a Volvinteer, be rejedted, being no Claim
againft the Colony.
He alfo reported, from the faid Committee, fundry Claims for the Pay and Expenfes
of the Militia of different Counties, which had been reje(5ted by the faid Committee.
Ordered, That the faid Claims do lie on the Table.
A Bill For giving further Time for the hearing Chancery Suits brought in the Gen-
eral Court of this Colony, and for other Purpofes therein mentioned, was read a fecond
Time;
And the Queftion being put that the faid Bill be engroffed and read a third Time,
It paffed in the Negative.
Refolved, That the faid Bill be rejedled.
Ordered, That the Call of the Houfe be put off until To-morrow.
On a Motion made,
Refolved, That this Houfe will refolve itfelf into a Committee to take into their Con-
fideration the prefent State of the Colony immediately.
The Hoiife accordingly refolved itfelf into the faid Committee ; and after fome Time
fpent therein, M"" Speaker refumed the Chair, and M'' Attorney reported that the Com-
mittee had had the State of the Colony under their Confideration, and had come to
feveral Refolutions, which he was ready to deliver in at the Table.
Ordered, That the faid Report be received To-morrow.
And then the Houfe adjourned until Tomorrow Morning lo "'Clock.
IfxXha^. t^e 24tb of 5tta?, 5 <Beo. Ill 1765.
MR Attorney, from the Committee of Propofitions and Grievances, to whom the
Bill For clearing the great Falls of James River, the River Chickahominy,
and the north Branch of James River, was committed, reported that the faid
Committee had examined into the Allegations thereof, and found them to be
true, and had made fome Amendments thereto ; which he read in his Place, and then
delivered the Bill with the Amendments in at the Table, where they were again twice
read, and agreed to by the Houfe.
Ordered, That the faid Bill with the Amendments be engroffeed, and read a third
Time.
M'' Cary prefented to the Houfe, according to Order, a Bill For continuing the Adl
for appointing an Agent, and two other A(5ls therein mentioned ; and the faid Bills were
read the firft Time, and ordered to be read a fecond Time.
A Meffage from the Coimcil by M'' Walthoe.
That they have agreed to the Bill entitled An Ad; ' for amending and further continuing
the feveral A<5ts of Affembly of this Colony for amending the Staple of Tobacco, and pre-
venting Frauds in his Mafejty's Cuftoms.
Alfo to the Bill entitled An Adt^ for the better Government of Sei-vants and Slaves,
■with fome Amendments, to which they defire the Concurrence of this Houfe.
Alfo to the Bill entitled An Adl^ for the Sale of the ufelefs military Stores in the Mag-
azine in Williamfburg.
Alfo
" Not paffed until Nov. 1766. " Hening, VIII, p. 135. 3 Ibid., VIII, p. 146.
[ 35° ]
Alfo to the Bill entitled An Adl' to veft certain Lands therein mentioned in James
Hubard, and fettling other Lands and Slaves in Lieu thereof.
Alfo to the Bill entitled An A6t' for repeahngan Adl paffedin the former Part of this
prefent Seffion of Affembly entitled An Adt for dividing the Parifh of Truro in the Cotinty
of Fairfax, and for making a more equal Divifion of the faid Parifh.
M'' Attorney reported, according to Order, that the Committee of the whole Houfe
had, according to Order, taken into their Confideration the State of the Colony, and had
come to feveral Refolutions thereupon ; which he read in his Place, and then deUvered
them in at the Table, where they were again twice read, and agreed to as follow:
Refolved, That in Order to call in the Paper Money, and fubftitute another circulat-
ing Cafh in this Colony, Propofals be made to the Merchants or others in Great Britain
for borrowing of them the Sum of £240,000 Sterling, at an Intereft of five per Cent, per
Annum.
Refolved, That in Order to pay the annual Intereft, and fmk the Principal in Pro-
portions of not lefs than ;£2o,ooo a Tax or Duty of ten Shillings SterHng per Hogfhead to
be laid on all Tobacco exported from Odober i''' 1766, to Odober i^' 1775, and a Tax or
Duty of fix Shillings Sterling per Hogfhead on all Tobacco exported from Odober i'' 43
1775, to Odober i^^ 1795, to be colle(5ted by the Naval Officers here and remitted to Truf-
tees to be chofen in Great Britain, to anfwer fuch Payments, this Fund to be mortgaged
to the Lenders, and the publick Faith engaged to make good any Deficiencies that may
happen therein.
Refolved, That the faid Tax or Duty be redeemable by the Payment of other Money
remitted to and paid in Great Britain, which may arife from the Receipt of Intereft
annually, and Proportions of Principal of Money to be lent in this Colony, as hereafter
diredted.
Refolved, That for £100,000 of the Money fo to be borrowed Bills of Exchange be
drawn in fuch Mode as fhall be agreed on between the Colony and the Lenders, and there-
with all the Paper Money be redeemed and burnt.
Refolved, That the remaining £140,000 Sterling be imported in Specie, or drawn
for by Bills of Exchange, to be fold for Specie (as fhall be found moft convenient) and
depofited here as a Stock whereon to circulate Bank Notes, to be lent out on permanent
Security, at an Intereft of five per Centum, to be paid yearly, a Proportion of the Prin-
cipal at the End of four Years, another Proportion at the End of five Years, and after-
wards by equal Payments once in four Years, until the whole be repaid.
Refolved, That the Tax on Tobacco being the only Security on which the Money can
be raifed, as is fuppofed, the fame is adopted ; but being partial and unjuft, in Refpedt
to the People here, in Order to repay fo much thereof as exceeds the prefent Tax on that
Commodity to the Makers, a Tax of three Shillings per Poll annually be laid from April
1767 to April 1769, inclufive: And alfo a Tax of three Shillings and Sixpence per Poll
annually, from April 1770 to April 1775 inclufive, and applied to the Purpofe of fuch
Payment ; from which Time the Tobacco Tax will be reduced to three Shillings Sterling
per Hogfhead, inftead of three Shillings current Money, to the Year 1779, when the
Money borrowed in Great Britain, and Intereft, will be paid off, and the Tax to ceafe.
Refolved, That on the Commencement of thefe Taxes, the prefent fubfifting Taxes
on the Poll, Land, and Tobacco, and the Infpecftion Duty of three Shillings current
Money per Hogfhead on Tobacco, fhall be difcontinued.
Ordered, That M"" Attorney do go up to the Council to acquaint them that this Houfe
have come to the foregoing Refolutions, to which they defire their Concurrence ; and
further, that they defire a Conference with them on the Subject Matter of the faid Ref-
olutions, and will appoint a certain Number of their Members to meet fuch as fhall be
appointed by the Council for that Purpofe.
Ordered, That M'' Attorney, M'' Edmund Pendleton, Mj Gary, MJ Benjamin Harrifon,
M"-
• Hening, VIII, p. 168. ' Ibid., VIII, p. 157.
[351 ]
M'' Burwell, M'' Braxton, and M"" Fleming, be appointed Managers for this Hoiife at the
faid Conference.
A PeUtion of John Elliott, fetting forth that he has for many Years been acquainted
with the Laws, and all Kinds of Venereal Cafes, and that he has an infallible Secret for
curing thofe inveterate Diforders, which he is ready to difclofe to the Publick, upon
receiving a proper Reward for making a Difcovery.
And the Queftion being put that the faid Petition be referred to a Committee,
It paffed in the Negative.
Refolved, That the faid Petition be rejedled.
44 The Houfe proceeded to the Confideration of the Amendments propofed by the
Council to the Bill entitled An Ad' for amending and declaring the Law concerning the
Efcape of Debtors out of the Prifon Rules, and for other Purpofes therein mentioned; and
the fame being read were agreed to, with fome Amendments.
Ordered, That M"' Fleming do go up to the Council and acquaint them that this
Houfe have agreed to the Amendments propofed by them to the faid Bill, with fome
Amendments, and to defire they will pafs the faid Bill as it is now amended.
The Houfe alfo proceeded to the Confideration of the Amendments propofed by the
Council to the Bill entitled An Ad' for amending and further cantimiing the feveral Ads of
Affembly of this Colony for amending the Staple of Tobacco, and preventing Frauds in his
Majefty's Cuftoms; and the fame being read Part of the Amendments were agreed to,
and Part difagreed to.
Ordered, That M'' Attorney do go up to the Council and acquaint them that this
Houfe have agreed to fome of the Amendments propofed by them to the faid Bill, and
difagreed to others, and do defire they will recede from their Amendments difagreed to
by this Houfe.
And then the Houfe adjourned until Tomorrow Morning lo "'Clock.
Satur6a^ t^e 2bW) of 5llar, 5 (5eo. Ill 1765.
Two Members rettmied on new Writs, having taken the Oaths appointed to be
taken by Adt of Parliament, inftead of the Oaths of Allegiance and Supremacy,
and taken and fubfcribed the Oaths of Abjuration, and alfo fubfcribed the Teft,
were admitted to their Places in the Houfe.
M' Harrifon, from the Committee of Trade, prefented to the Houfe, according to
Order, a Bill to prevent Frauds in the Drawback of the Duties on Liquors imported into
this Colony ; and the fame was read the firft Time, and ordered to be read a fecond Time.
An engroffed Bill entitled An Ad^ to amend the feveral Ads for obliging the Owners of
Mills, Hedges, and other Stops, on the feveral Rivers therein mentioned, to make Openings
or Slopes therein for the Paffage of Fifh, was read the third Time and the Blanks therein
filled up.
Refolved, That the faid Bill do pafs.
Ordered, That M"" Attorney do carry it up to the Covmcil for their Concurrence.
A Meffage from the Coimcil by M'' Walthoe.
That they have confidered the Petition of William O' Bryan to them direded, and have
referred it to the Confideration of this Houfe; and the faid Petition was read, and is as
follows :
To the Hon. Francis Fauquier, Govemour of Virginia, and the Hon. Council and
Burgeffes of Virginia:
The Petition of William O'Bryan Goff, Branch Pilot on Potowmack River, Weft-
moreland County, with others,
Humbly Sheweth :
_^_^ That
» Hening, VIII, p. ii8. ' Not paffed until Nov. 1766. 3 Not paffed imtil Nov. 1769.
[ 352 ]
That we are obliged to attend off with our Boats, waiting for the coming in of Shipping,
and fomctimes the Mafter refnfes taking a Pilot, and will run over to Maryland and take a
Pilot tliere, hecaufe they may have a Trifle of Tobacco to take in there, which is a Detriment
to a Branch Pilot. If the Mafter takes a Branch Pilot, and he carries the Ship up to her
Moorings, he will refufe to pay him until he brings the Ship down again, becaufe he wtll fay 45
he will be fiire of him; and as it is impoffible that the Pilot fhonld know when the Ship is ready
to fail, and the Mafter neglcds to fend him word, he will then get fome other Perfon to bring
down the Ship, and fo goes out of the Country without paying us for carrying the Veffel up
the River, and perhaps never returns again, by which Means we lofe our Fees. If lie comes
back again, we have no Remedy but to fue him at Common. Law, where we muft be obliged to
lo-fe our Time, and negled, our Bufinefs in attending the Court, by which we are at more
Expenfe tlmn the Value of our Fee. Another great Hardfhip on Pilots is, that when they
carry a Veffel down to the Capes, the Mafters will fay they have no Money and very often
abufe them and offer them an Order on fome Gentleman or Merclmnt in the Country, which
we are under the Neceffity of taking {becaufe we have no Remedy in that Place) and when
carried and prefented perhaps may be protefted. The Mafters of Veffels are backward in
taking a Pilot down the Bay in Summer Seafon, but very fond of it in Winter, where we
muft be obliged to attend them with our Boats, and have no Harbour to make, let the Weather
be never fo fevere, when we part with the Ship; for which Reafon we would fooner carry a
Ship down the Bay for £=^ in the Summer Seafon, than for £10 in the Winter. So tltat we
hope you will oblige them to take a Pilot down in Summer Seafon, or elfe add more to our
Bay Pilotage in the Winter Seafon. It is a Pradice too common among Mafters of Veffels
to take a Pilot tliat has not a Branch, becaufe they will pay but Half Price, and perhaps take
a Receipt of the Perfon, and put one of mo ft able and fufficient Branch Pilots Name to it,
and charge the Owners with whole Pilotage. And if a Branch Pilot was to make a juft Com-
plaint againft one of thofe other Pilots for not keeping a fufficient Boat and Rigging, accord-
ing as the Law direds, he can get no Remedy, becaufe he is worth nothing; for which the
Mafters of Veffels run a great Hazard in taking fuch a One, and it is a great Hurt to a
Branch Pilot, who is obliged to keep his Boat and Rigging in good Order, and be lying out
and tvaiting for Ships coming in. Another great Hardfhip on Branch Pilots is that they
fhall be obliged to attend with their Boats as aforefaid, and when they come on board of a Ship
the mafter thereof fltall, if he pleafe, turn him away and take another, or go up the River
without any Pilot at all. It would be very neceffary that our Bay Pilots fhould ccnnc up as
high as the Naval Office, and that Place be eftablifhed for the Beginning of the River Pilots.
And for the better fecuring our Pay, we hope it may be ordered that it may be left at the Naval
Office, and the Officer have fuch a per Cent, as fhall be thought proper for receiving the fame,
and not be allowed to clear out the Veffel until the fame is difcharged. By the firft Claufe
in the Ad of Affembly concerning Pilotage, it is ordered that a Perfon fhall be examined by
three Magiftrates as to their Ability before they fhall be admitted to a Branch, but to me it
would feem more proper they fhould be examined by Per fans that are more fit Judges than it
is poffible to think thofe Gentlemen can be, and if it was ordered that one or more of the
Magiftrates fhould fwear the moft able and fufficient Pilot they know to examine the others,
it would be a Means of preventing fome from that Place which are really not worthy of it. If
we carry a Ship down the River to Smith's Point, which is the End of our River Pilotage, and
the Wind happens to be contrary, the Mafters of Veffels will not difcharge us, though we are
within a Mile or two of going as far as is required, but will keep us there waiting until the
Wind ferves, and will not make us any Satiffadion for the Lofs of Time, but tell us that if
we leave them they will pay Jis nothing; and perhaps whilft we are waiting there another Ship ^
is coming up the River, and we dare not leave them to go to the Ship that is coming, by which
Means we lofe that Fee.
We
47
[ 353 ]
We hope your Honour will take thefe Things into your Confideraiion, and regulate
them in a more proper Manner; and your Petitioners fhall be in Duty bound to pray, &c,
William 0' Bryan Gaff.
George Goff.
Win f on Kelly.
We beg that you will confider the Hardfhips that we muft undergo in going down the Bay
in the Winter Seafon, for fo fmall a Trifle as we get for it, efpecially in ftormy Weather,
when thofe titat are in their Houfes think themfelves in Danger; and what muft we think of
it in our little decked Boats in fuch a bleak Place, a Thing that I have often experienced in
the Time that I have followed the Pilot Bufinefs, which has been Thirty Four Years.
William O'Bryan Goff.
Ordered, That the faid Petition be referred to the Confideration of the next Seffion
of Affembly.
M'' Gary prefented to the Houfe, according to Order, a Bill To oblige Jofeph Rentfro,
and others, to pay to the Treafurer of this Colony the feveral Sums of Money therein
mentioned ; and the faid Bill was read the firft Time, and ordered to be read a fecond
Time.
An Account of the Damage done by the Virginia Regiment on the Plantations of
William and John Montgomery, was prefented to the Houfe and read.
Ordered, That the faid Account be referred to the Confideration of the next Seffion
of Affembly.
An engroffed SV// entitled ^n Ad^ for infpeding Pork, Beef, Flower, Tar, Pitch, and
Turpentine, was read the third Time, and the Blanks therein filled up.
Refolved, That the faid Bill do pafs.
Ordered, That M'' Benjamin Harrifon do carry it up to the Council for their Concur-
rence.
A Meffage from the Council by M"" Walthoe.
That they infift on their Amendments difagreed to by this Houfe to the Bill entitled An
Adt^ for amending and further continuing the feveral Adls of Affembly of this Colony
for amending the Staple of Tobacco, and preventing Frauds in his Majefty's Cuftoms,
and to defire that this Houfe will recede from their Dif agreement.
That they have agreed to the Amendments propofed to the Bill entitled An A&,3 for
.-amending and declaring the Law concerning the Efcape of Debtors out of the Prifon
Rules, and for other Purpofes therein mentioned.
As alfo to the Conference defired by this Houfe, and have appointed three of the Mem-
bers to manage the fame, who are now ready in the Conference Chamber to meet the Managers
appointed by this Houfe.
Ordered, That the Managers appointed by this Houfe do immediately attend thofe
of the Coimcil in the Conference Chamber, and they accordingly withdrew.
A Bill To empower the Treafurer to receive the Money due from the Province of
Pennfylvania to this Colony, was read the fecond Time.
Ordered, That the faid Bill be engroffed, and read a third Time.
A Bill For continuing the A(5t for appointing an Agent, and two other A(5ts therein
mentioned, was read the fecond Time.
Ordered, That the faid Bill be engroffed, and read a third Time.
A Bill For exempting the Exporters of dreffed Hides or Skins from the Payment of
Duties for fuch as had been before imported, was read the fecond Time.
Ordered, That the faid Bill be engroffed, and read a third Time.
A Bill To dire(?b the Colle(5tion of the Land Tax in Arrears from Part of Culpeper
County
' Hening, VIII, p. 143. ' Not paffed until Nov. 1766. 3 Hening, VIII, p. 118
[ 354 ]
County for the Year 1759, and for other Purpofes therein mentioned, was read a fecond
Time, and committed to M-" Gary, M^ Read, and M"- Carrington.
On a Motion made,
Ordered, That it be an Inftrudtion to the faid Committee that they receive a Claufe,
or Claufes, for obliging the Sheriff of Lunenburg to pay to the Juftices of Charlotte and
Mecklenburg their Proportions of the Tobacco due to the County of Lunenburg by the
laft Proportions, for their Expenfes on Criminals and Wolves Heads.
The Houfe proceeded to the Confideration of the Amendments propofed and in-
fifted on by the Council to the Bill entitled An Ad ^ j or amending and further continuing
the feveral Ads of Affembly of this Colony for amending the Staple of Tobacco, and pre-
venting Frauds in his Majefty's Cuftoms, and receded from Part of their Difagreement
to the faid Amendment, and infift on the other.
Ordered, That M'' Attorney do wait on the Coimcil and acquaint them therewith.
An A<51 for appointing Commiffioners to examine and ftate the Accounts of the
Militia lately ordered out into adlual Service, and for other Purpofes therein mentioned,
was read a iecond Time, and fome Amendments made thereto.
Ordered, That the faid Bill with the Amendments be engroffed, and read a third
Time.
On a Motion made,
Ordered, That I^eave be given to bring in a Bill To revive and amend An Ad^ entitled
An Ad for eftablifhing a Trade with the Indians in Alliance with his Majefty, and aKo to
amend one other A(5t for diredting the Truftees of the Indian Fadlory of Virginia to fell
the Goods imported by them, and to pay the Money arifmg by fuch Sale into the Treaf-
ury for the Ufe of the Publick ; and it is referred to M"" Archibald Cary and ¥•■ Thomas
Walker to prepare and bring in the fame.
A Meffage from the Council by M'' Walthoe.
That they have receded from their Amendments propofed to the Adt For amending and
fiu-ther continuing the feveral Adts of Affembly of this Colony for amending the Staple
of Tobacco, and preventing Frauds in his Majefty's Cuftoms.
M'' James Littlepage reported that the Committee to whom the Bill To dock the
Entail of 1500 Acres of Land whereof Thomas Mann Randolph, Gent, is feized, and for
fettling other Lands in Lieu thereof to the fame Purpofes, was referred, had examined
into the Allegations thereof, and found them to be true, and had made feveral Amend-
ments thereto ; which he read in his Place, and then delivered in at the Table, where they
were again twice read, and agreed to by the Houfe.
Ordered, That the faid Bill with the Amendments be engroffed, and read a third
Time.
And then the Houfe adjourned until Monday Morning 10 "'Clock.
yCtonba^, tl)^ 27tl) of iDeccmber. 5 (5eo. Ill 1765-
AN engroffed Bill entitled An Ad^ for appointing an Agent, and two other Adts
therein mentioned, was read the third Time, and the Blanks therein filled up.
Refolved, That the faid Bill do pafs.
Ordered, That M'' Cary do carry it up to the Council for their Concurrence.
M' Cary, from the Committee to whom the Bill To diredt the Colledtion of the Land
Tax in Arrear from Part of Culpeper Coimty for the Year 1759, and for other Purpofes
therein mentioned, was committed, reported that they had made fome Amendments
thereto ; which he read in his Place, and then delivered the Bill with the Amendments in
at the Table, where they were again twice read, and agreed to by the Houfe.
Ordered, That the faid Bill with the Amendments be engroffed, and read a third
Time.
An
• Not paffed until Nov. 1766, j Hening, VII, p. 116. 3 Ibid., VIII, p. 118.
49
[ 355 ]
An engroffed Bill entitled ^w Ad^ for exempting the Exporters of dreffed Hides or
Skins from the Payment of Duties for fuch as had been before imported, was read the
third Time.
Refolved, That the faid Bill do pafs.
Ordered, That M'' Attorney do carry it up to the Coimcil for their Concurrence.
An engroffed Bill entitled An Ad^ to empower the Treafurer to receive the Money due
from the Promnce of Pennfylvania to this Colony, was read the third Time.
Refolved, That the laid Bill do pafs.
Ordered, That M"" Attorney do carry it up to the Council for their Concurrence.
An engroffed Bill entitled An Ad^ to dock the Entail of ijoo Acres of Land whereof
Thomas Mann Randolph, Gent, is feized, and for fettling other Lands in Lieu thereof to
the fame Purpofes, was read the third Time.
Refolved, That the faid Bill do pafs.
Ordered, That M'' James Little page do carry it up to the Council for their Concurrence.
An engroffed Bill entitled An Ad* for altering the Method of holding Courts in the
Counties of Amherft, Albemarle, Augufta, Buckingham, Cumberland, and Chefterfield,
was read the third Time, and the Blanks therein filled up.
Refolved, That the faid Bill do pafs.
Ordered, That M"' Fleming do carry it up to the Coimcil for their Concurrence.
An engroffed Bill entitled An Ad^ for appointing Commiffioners to examine and State
the Accounts of the Militia lately ordered out into adual Service, and for other Purpofes
therein mentioned, was read the third Time, and the Blanks therein filled up.
Refolved, That the faid Bill do pafs.
Ordered, That M"" Attorney do carry it up to the Council for their Concurrence.
An engroffed Bill entitled An Ad^ for clearing the great Falls of James River, the
River Chickahominy, and the north Branch of James River, was read the third Time, and
the Blanks therein filled up.
Refolved, That the faid Bill do pafs.
Ordered, That M'' Attorney do carry it up to the Council for their Concurrence.
A Petition of Peter Pelham, fetting forth that the Organ in Williamfburg had been
much out of Order, and almoft unfit for Ufe, and that he has with great Labour and
Expenfe repaired and ttmed the fame ; and praying the Confideration of this Houfe, was
prefented to the Houfe and read.
Ordered, That the faid Petition be referred to M'' Archibald Cary, M"" Francis Lee
and M"" John Fleming; that they examine into the Allegations thereof, and report the
fame, with their Opinion thereon, to the Houfe.
And then the Houfe adjourned until Tomorrow Morning lo "'Clock.
TDvmsba^. l[}(t 2$t^ of 5tlar» 5 (5eo, HI 1765.
A Bill To prevent Frauds in the Drawback of the Duties on Liquors imported
into this Colony, was read the fecond Time,
Ordered, That the faid Bill be engroffed, and read a third Time.
A Bill To oblige Jofeph Rentfro, and others, to pay to the Treafurer of this
Colony the feveral Sums of Money therein mentioned, was read the fecond Time.
Ordered, That the faid Bill be engroffed, and read a third Time.
A Meffage from the Council by M'' Walthoe.
That they have agreed to the Bill entitled An A&,7 to empower the Treafurer to receive
the Money due from the Province of Pennfylvania to this Colony.
Alfo to the Bill entitled An Adl^ for infpedling Pork, Beef, Flower, Tar, Pitch, and
Turpentine.
Alfo
• Hening, VIII, p. 142. 3 Ibid., VIII, p. 161. s Hening, VIII, p. 124. 1 Ibid., VIII, p. 145.
' Ibid., VIII, p. 145. 4 Not in Hening. * Ibid., VIII, p. 148. « Ibid., VIII, p. 143.
[ 356]
Alfo to the Bill entitled An Adl • for clearing the great Falls of James River, the River
Chickahoniiny, and the north Branch of James River.
Alfo to the Bill entitled An Adt' for exempting the Exporters of dreffed Hides or Skins
from the Payment of Duties for fuch as had been before imported.
Alfo to the Bill entitled An Adt^ to dock the Entail of 1500 Acres of Land whereof
Thomas Mann Randolph, Gent, is feized, and for fettling other Lands in Lieu thereof to
the fame Purpofes.
Alfo to the Bill entitled AnAdl-* for appointing Commiffioners to examine and ftate
the Accounts of the Militia lately ordered out into adlual Service, and for other Pur-
pofes therein mentioned.
M'' Cary, from the Perfons appointed, reported, according to Order, a Bill To revive
and amend Ayi Ad entitled an Ad^ for eftablifhing a Trade with the Indians in Alliance
with his Majefty, and aKo to amend one other Adt for direcfling the Truftees of the Indian
Fadtory of Virginia to fell the Goods imported by them, and to pay the Money arifmg
by fuch Sale into the Treafury for the Ufe of the Publick ; and the faid Bill was read the
firft Time, and ordered to be read a fecond Time.
M"' Attorttey reported that the Managers for the Hoiife had according to Order met
the Managers for the Council in the Conference Chamber, who had acquainted them that
the Council had confidered the Refolutions of this Houfe, and could not agree to them,
and directed that the fame fhould be returned to this Houfe.
On a Motion made.
Ordered, That Leave be given to bring in a Bill To repeal fo much of the Adl of
Affembly made in the fourth Year of his prefent Majefty 's Reign, entitled An Ad^ for
appointing Commiffioners to examine and ftate the Accounts of the Militia lately ordered
out into adual Service, and for other Purpofes therein mentioned, as allows a Bounty of
40s. to every Perfon who will voluntarily engage in the Service of the Colony ; and it is
referred to M"' Cary and M"" Richard Lee to prepare and bring in the fame.
On a Motion made,
A Bill To revive and amend An Ad7 entitled an Ad for eftablifhing a Trade with the
Indians in Alliance with his Majefty, and alfo to amend one other A(5t for diredling the
Truftees of the Indian Fadtory of Virginia to fell the Goods imported by them, and to
pay the Money arifing by fuch Sale into the Treafury for the Ufe of the Publick ; was
read a fecond Time, and committed to the Committee of Propofitions and Grievances.
And then the Houfe adjourned until Tomorrow Morning 10 "'Clock.
W^bno^sbaY^ t^e 29tl) of ytta^^ 5 (Beo. UL 1765.
MR Cary reported that the Committee appointed to examine the Treafurer's
Accounts had had the fame under their Confideration, and examined all
the feveral Articles and Vouchers thereof, and have agreed upon a
Report as follows:
It appears that the faid Accounts are truly ftated, and that there remains a Balance
in the Hands of the Treafurer of ;£io,o68.3. 9 on the Publick Account.
That there remains in the Treafurer's Hands a Balance of £46,985. 2 for the Duty
on Tobacco, the Land and Poll Tax, the Tax on Writs, and Ordinary Licenfes, and the
additional Duty on Slaves.
That burnt Tobacco Notes, not yet taken in, amount to ;;<l4i2.
That the Fund appropriated for the Redemption of Notes bearing Interelt is all
appHed in fuch Redemption, and there remains due to the Treafurer on that Account a
Balance of ;^2 1 . 1.6.
That
■ Hening, VIII, p. 148. 3 /Mc/., VIII, p. 162. s 76irf.. VII, p. 116, 7 /Wrf., VII, p. 116
> Ibid., VIII, p. 142. 4 //.ji., VIII, p. 124. ft Ibid., VIII, p. 124.
£1
[ 357 ]
That there ftill remains in the Treafurer's Hands ;^2 5oo, the Balance due to the
Commiffioners of the Indian Trade.
That there is a Balance of £g.ig.^ due to the Treafurer on the Account of Money
received for Bills of Exchange drawn on the Colony Agent in Great Britain purfuant to
Adls of Alfembly, and the Treafury Notes emitted in April 1762.
Refolved, That the faid Accounts do pafs.
Ordered, That M'' Gary do carry them up to the Council for their Concurrence.
M"" Attorney, from the Committee of Propofitions and Grievances, to whom the Bill
To revive and amend An Ad' entitled an Ad for eftablifhing a Trade with the Indians in
Alliance with his Majefty, and aKo to amend one other Ad for direding the Truftees of
the Indian Fadlor>' of Virginia to fell the Goods imported by them, and to pay the
Money arifmg by fuch Sale into the Treafury for the Ufe of the Publick, was committed,
reported that they had examined into the Allegations thereof, and found them to be true,
and had made fome Amendments thereto; which he read in his Place, and then deliv-
ered the Bill with the Amendments in at the Table, where the Amendments were again
twice read, and agreed to by the Houfe.
Ordered, That the faid Bill with the Amendments be engroffed, and read a third
Time.
M'' Gary prefented to the Hoiife, according to Order, a Bill To veft certain Lots in
the City of Williamfburg in the Purchafers thereof, and for other Purpofes therein men-
tioned, and the faid Bill was read the firft Time, and ordered to be read a fecond Time.
On a Motion made,
Ordered, That Leave be given to bring in a Bill For the Eafe and Relief of the People
by paying the Burgeffes Wages in Money for the laft and prefent Seffion of Alfembly,
and it is referred to M"' Fleming and M"" Gary to prepare and bring in the fame.
An engroffed Bill entitled .An Ad^ to dived the Golledion oj the Land Tax in Arrear
from Part of Culpeper Gounty for the Year iJSQi <2«<i for other Purpofes therein mentioned,
was read the third Time, and the Blanks therein filled up. .
Refolved, That the faid Bill do pafs.
Ordered, That M'' Read do carry it up to the Council for their Concurrence.
An engroffed Bill entitled An Ad^ to oblige Jofeph Rentfro, and otliers, to pay to the
Treafurer of this Golony the feveral Sums of Money therein mentioned, was read a third
Time.
Refolved, That the faid Bill do pafs.
Ordered, That M"" Gary do carry it up to the Council for their Concurrence.
On a Motion made,
A Bill To veit certain Lots in the City of Williamfburg in the Purchafers thereof,
and for other Purpofes therein mentioned, was read the fecond Time, and committed to
M'' Attorney, M"" Wythe, and the Members of York and James Gity Counties.
An engroffed Bill entitled An Ad* to prevent Frauds in the Drawback of the Duties on
Liquors imported into this Golony, was read the third Time.
Refolved, That the faid Bill do pafs.
Ordered, That M'' Gary do carry it up to the Council for their Concurrence.
M"' Gary, from the Committee to whom the Petition of Peter Pelham was referred,
reported that they had examined into the Allegations thereof, and fovind them to be true,
and that they had come to a Refolution ; which he read in his Place, and then delivered
in at the Table, where it was again twice read, and agreed to by the Hoiofe, as follows :
Refolved, That the faid Peter Pelham ought to be paid by the Publick the Sum of
£$0, for repairing the Organ in the Church in Williamfburg.
M'' Gary, from the Perfons appointed, reported, according to Order, a Bill To repeal
fo much of the Adt of Affembly made in the fourth Year of his prefent Majefty 's Reign,
entitled An Ads for appainting Gommiffioners to examine and ftate the Accounts of the
Militia lately ordered out into adual Service, and for other Purpofes therein mentioned, as
allows
I Hening. VII, p. 116. 3 Ibid., VIII, p. 172. 5 Ibid., VIII, p. 10.
" Ibid., VIII, p. 139. 4 Ibid., VIII, p. 112.
[358 ]
allows a Bounty of 40s. to every Perfon who will voluntarily engage in the Service of the
Colony; and the faid Bill was read the firft Time, and ordered to be read a fecond Time.
On a Motion made,
Refolved, That the Houfe refolve itfelf into a Committee of the whole Houfe imme-
diately, to confider of the Steps neceffary to be taken in Confequence of the Refolutions
of the Houfe of Commons of Great Britain relative to the charging certain Stamp Duties
in the Colonies and Plantations in America.
The Houfe accordingly refolved itfelf into the faid Committee, and after fome Time
fpent therein M"" Speaker refumed the Chair, and M'' Attorney reported that the faid
Committee had had the faid Matter under their Confideration, and had come to feveral 52
Refolutions thereon, which he was ready to deliver in at the Table.
Ordered, That the faid Report be received Tomorrow.
And then the Houfe adjourned until Tomorrow Morning 10 "'Clock.
I5l)ur56ar, tl)e 30t^ of ^ftta^, 5 <5eo. III. 1765.
ORDERED, That M"" Read, M'' Carrington, W Wtlliam Taylor, and M'' Robert Mun-
ford, be added to the Committee appointed to examine the enrolled Bills.
A Bill To repeal fo much of the A(5l of Affembly made in the fourth Year
of his prefent Majefty's Reign, entitled /In Ad^ for appointing Commiffioners
to examine and ftate the Accounts of the Militia lately ordered out into adual Service, and
for other Purpofes therein mentioned, as allows a Bounty of 40s. to every Perfon who will
voluntarily engage in the Service of the Colony, was read the fecond Time.
Ordered, That the faid Bill be engroffed, and read a third Time.
A Meffage from the Council by M"' Walthoe.
That they have agreed to the Bill entitled An Adl^ to prevent Frauds in the Drawback
of the Duties on Liquors imported into this Colony.
Alfo to the Bill entitled An Adl to^ oblige JofephRentfro, and others, to pay to the
Treafiorer of this Colony the feveral Sums of Money therein mentioned.
Alfo to the Bill entitled An Adl* todiredl the Collection of the Land Tax in Arrear
from Part of Culpeper County for the Year 1759, and for other Purpofes therein men-
tioned.
Alfo to the Refolve For making an Allowance to Thomas Brown for the Purpofes
therein mentioned.
W Attorney, from the Committee to whom the Bill to veft certain Lots in the City
of Williamfbtirg in the Purchafers thereof, and for other Purpofes therein mentioned,
was committed, reported that they had made fome Amendments thereto; which he
read in his Place, and then delivered the Bill with the Amendments in at the Table, where
the Amendments were again twice read, and agreed to by the Houfe.
Ordered, That the faid Bill with the Amendments be engroffed, and read a third
Time.
M' Fleming, from the Perfons appointed, reported, according to Order, a Bill for
the Eafe and Relief of the People by paying the Burgeffes Wages in Money for the laft
and prefent Seffions of Affembly ; and the faid Bill was read the firft Time, and ordered
to be read a fecond Time.
M'' Attorney, from the Committee of Privileges and Eledlions, reported that they
had had under their Confideration the Petitionof M'' Henry Delony, complaining of an im-
due Eledlion and Return of M"" Edmund Taylor to ferveas a Burgefs in this prefent General
Affembly for the County of Mecklenburg, to them referred, and had come to feveral
Refolutions thereon; which he read in his Place, and then delivered them in at the
Table, where they were again twice read, and agreed to by the Houfe, as follow:
Refolved
' Hening, VIII, p. 124, > Ibid., VIII, p. n2. 3 Ibid., VIII, p. 172. 1 Ibid., VIII, p. 139.
[ 359 ]
Refolved, That the Perfons who voted at the faid Election whofe Freeholds are quef-
tioned either by the Petitioner or fitting IMember be examined upon Oath before Robert
Munford, Benjamin Baird, Robert Alexander, and Thomas Anderfon, of the Coiinty of
Mecklenburg, Gentlemen, or any three of them, whether they be Freeholders or not,
except fuch of them as did fwear to their Freedolds at the Election.
63 Refolved, That the Petitioner and fitting Member be at Liberty to examine Witneffes
before the faid Perfons as to the Freeholds, or other QuaHfications of any Perfon who
voted at the faid Eledlion, although fuch Perfons fwore to their Freeholds at fuch
Eledion, or fhall fwear to the fame at the Examination ; and that it be an Inftrucftion to
the Perfons before whom fuch Examinations are to be taken to examine how long fuch
Voters have been in Poffeffion of, and paid Quitrents for, the Lands or Tenements in
Right of which they voted at the Eledlion, and that they return the Depofitions they
fhall take on the firft Day of the next Seffion of Affembly.
Refolved, That the Petitioner give to the fitting Member ten Days Notice at leaft of
the Time and Place when and where he intends to examine his Witneffes, aKo a Lift in
Writing of the Names of the Voters he intends to except to, diftinguifliing againft each
Name the feveral Heads of Exceptions ; and that the fitting Member do the like to the
Petitioner.
Refolved, That the Petitioner be at Liberty to examine Witneffes before the fame
Perfons as to the fitting Member's treating the Freeholders of the faid County, or any of
them, with fpirituous Liquors, after the Teft of the Writ for the Election of Burgeffes
for the faid County, or at the Time of taking the Poll at fuch Eledlion.
Refolved, That the further Confideration of the faid Petition ought to be referred to
the next Seffion of Affembly.
He aKo reported, from the faid Committee, that they had had under their Confid-
eration the Returns of the feveral Writs for eledling Burgeffes to ferve in this prefent
General Affembly for the Counties of Amelia, Charlotte, Chefterfield, Louifa, Lunenburg,
and Mecklenburg, to them referred, and had come to two Refolutions thereon ; which he
read in his Place, and then delivered in at the Table, where they were again twice read
and agreed to by the Houfe, as follow:
Refolved, That the Return of the Writ for eledling a Burgefs for the faid County of
Charlotte is made in the Form prefcribed by Law.
Refolved, That the Returns of the feveral Writs for eledling Burgeffes for the faid
Coimties of Amelia, Chefterfield, Louifa, Lunenburg, and Mecklenburg, are not made in
the Form prefcribed by Law.
Ordered, That the feveral Returns of the Writs for eledling Burgeffes for the Coun-
ties of Amelia, Chefterfield, Lunenburg, and Mecklenburg, be amended at the Table.
Ordered, That the Sheriff of the County of Louifa be fent for in Cuftody to amend
his faid Return.
An engroffed Bill entitled An Ad' to revive and amend an Act entitled An Ad for
eftablifhing a Trade with the Indians in Alliance with his Majefty, and aKo to amend one
other Adl for diredling the Truftees of the Indian Fadlory of Virginia to fell Goods im-
ported by them, and to pay the Money arifmg by fuch Sale into the Treafury for the Ufe
of the Publick, was read the third Time, and the Blanks therein filled up.
Refolved, That the faid Bill do pafs.
Ordered, That M'^ Cary do carry it up to the Council for their Concurrence.
A Meffage from the Coimcil by M-- Walthoe.
That they have agreed to the Treafurer's Accoimts.
Alfo to the Bill entitled An Adl^ for appointing an Agent, and two other Adls therein
mentioned.
M"" Attorney, from the Committee of the whole Houfe, reported, according to Order,
64 that the Committee had confidered of the Steps neceffary to be taken in Confequence of
the
» Hening. VIII, p. 114. ^ Ibid., VIII, p. 113.
[ 36o ]
the Refolutions of the Houfe of Commons of Great Britain relative to the charging
Stamp Duties in the Colonies and Plantations in America, and that they had come to
feveral Refolutions thereon; which he read in his Place, and then delivered in at the
Table, where they were again twice read, and agreed to by the Houfe, with fome Amend-
ments, and are as follow:
Refolved, That the firft Adventiirers and Settlers of this his Majefty's Colony and
Dominion of Virginia brought with them, and tranfmitted to their Pofterity, and all
other his Majefty's Subjedls fmce inhabiting in this his Majefty's faid Colony, all the
Liberties, Privileges, Franchifes, and Immunities, that have at any Time been held,
enjoyed, and poffeffed, by the people of Great Britain.
Refolved, That by two royal Charters, granted by King James the Firft, the Colonifts
aforefaid are declared entitled to all Liberties, Privileges, and Immunities of Denizens
and natural Subjects, to all Intents and Purpofes, as if they had been abiding and bom
within the Realm of England.
Refolved, That the Taxation of the People by themfelves, or by Perfons chofen by
themf elves to reprefent them, who can only know what Taxes the People are able to
bear, or the eafiest Method of raifmg them, and muft themfelves be affe(5ted by every
Tax laid on the People, is the only Security againft a burthenfome Taxation, and the
diftinguifliing Charadleriftick of Britifh Freedom, without which the ancient Conftitu-
tion cannot exift.
Refolved, That his Majefty's liege People of this his moft ancient and loyal Colony
have without Interruption enjoyed the ineftimable Right of being governed by fuch
Laws, refpedling their internal Polity and Taxation, as are derived from their own Con-
fent, with the Approbation of their Sovereign, or his Subftitute ; and that the fame hath
never been forfeited or yielded up, but hath been conftantly recognized by the Kings
and People of Great Britain.
On a Motion made,
A Bill For the Eafe and Relief of the People by paying the Burgeffes Wages in
Money for the laft and prefent Sef lions of Affembly, was read the fecond Time.
Ordered, That the faid Bill be engroffed and read a third time.
And then the Houfe adjourned until Tomorrow Morning lo "'Clock.
TFri6ap, tl)e 2\sX of ^Ua^. 5 (Beo, III. 1765.
AN engroffed Bill entitled An Ad. ■ to repeal fo much of the Ad oj Affembly made in
the jourth Year oj his prefent Majefty's Reign, entitled An Ad for appointing
Commiffioners to examine and ftate the Accounts of the Militia lately ordered
out into adual Service, and for other Purpofes therein mentioned, as allows a
Bounty of 40s. to every Perfon who will voluntarily engage in the Service of the Colony,
was read a third Time.
Refolved, That the faid Bill do pafs.
Ordered, That M"' Cary do carry it up to the Council for their Concurrence.
An engroffed Bill entitled An Ad^ to veft certain Lots in the City of Williamfburg in
the Purchafers thereof, and for other Purpofes therein mentioned, was read the third Time.
Refolved, That the faid Bill do pafs.
Ordered, That M'' Attorney do carry it up to the Council for their Concurrence.
An engroffed Bill entitled An Ad^ for the Eafe and Relief of the People by paying the
Burgeffes Wages in Money for the laft and prefent Seffions of Affembly, was read the third
Time, and the Blanks therein filled up.
Refolved, That the faid Bill do pafs.
55
Ordered
Hening, VIII, p. 151. » Ibid., VIII, p. 171. 3 Ibid., VIII, p. 187.
56
[ 36i ]
Ordered, That M^^ Fleming do carry it up to the Council for their Concurrence.
On a Motion made,
Ordered, That Leave be given to bring in a Bill To oblige Thomas Proffer to reim-
burfe the Cofts of profecuting an Information againft him, and it is referred to M"" Wythe
to prepare and bring in the fame.
A Meffage from the Council by M"" Walthoe.
That they have agreed to the Bill entitled An A(5t' for the Eafe and Relief of the People
by paying the Burgeffes Wages in Money for the laft and prefent Seffions of Affembly.
Alfo to the Bill entitled An Adl^ to revive and amend An Ad entitled an Adt for eftab-
lifhing a Trade with the Indians in Alliance with his Majefty, and aKo to amend one other
Adt for dire(5ling the Truftees of the Indian Fadtory of Virginia to fell the Goods imported
by them, and to pay the Money arifmg by fuch Sale into the Treafury for the Ufe of the
Publick.
Alfo to the Bill entitled An Adt^ to veft certain Lots in the City of Williamfburg in the
Purchafers thereof, and for other Purpofes therein mentioned.
Alfo to the Bill entitled An Adl^ to repeal fo much of the Adb of Affembly made in the
fourth Year of his prefent Majefty 's Reign, entitled An Adt for appointing Commiffioners
to examine and ftate the Accounts of the Militia lately ordered out into adtual Service,
and for other Purpofes therein mentioned, as allows a Bounty of 40s. to every Perfon
who will voluntarily engage in the Service of the Colony.
Alfo to the Refolve for paying M^ Peter Pelham for repairing the Organ in the Church
in the City of Williamfburg.
Alfo to the Refolve for paying M' Benjamin Powell for repairing the Publick Gaol in
the City of Williamfburg.
Ordered, That the feveral Claims which had been rejedted by the Committee of
Claims, and were ordered to lie on the Table, be referred to the next Seffion of Affembly.
M'' Wythe prefented to the Houfe, according to Order, a Bill To oblige Thomas
Proffer to reimburfe the Cofts of profecuting an Information againft him ; and the faid
Bill was read the firft Time, and ordered to be read a fecond Time.
On a Motion made,
Refolved, That the feveral Sums following be paid to the feveral Officers of the
General Affembly, refpedtively :
To John Randolph, Efq ; Clerk of the Houfe of Burgeffes ;£2 5o
To Nathaniel Walthoe, Efq ; Clerk of the General Affembly 80
To the Rev. M'' Price, Chaplain 60
To M'' Francis Eppes, Sergeant at Arms 80
To M'' George Davenport, Clerk of the Committees of Privileges and Eledtions and
Propofitions and Grievances 80
To M'' Miles Gary, Clerk of the Committee of Claims 75
To M'' Thomas Everard, Clerk of the Committee for Courts of Juftice 30
To M'' Hina Ruffel, Clerk of the Committee of Trade 30
To the Doorkeeper of the Council 15
To James Lavie,
To Nathaniel Hix,
To Thomas Francis,
To John Broadrib,
> Doorkeepers to the Houfe -| ^
1 15
To Mrs. Gait for cleaning the Capitol 5
Ordered, That M'' George Johnfton do carry it up to the Council for their Concurrence.
On a Motion made,
A Bill To oblige Thomas Proffer to reimburfe the Cofts of profecuting an Informa-
tion againft him, was read the fecond Time. Ordered
■ Hening, VIII, p. 114. ^ Ibid., YIIl, p. lyi- i Ibid., VIU, -p. 151. 4 /fcjrf., VIII, p. 173.
[ 362 1
Ordered, That the faid Bill be engroffed, and read a third Time.
And then the Honfe adjourned until Tomorrow Morning lo "'Clock.
A
Saturday. tl)e 1st of 3une, 5 (5eo, III 1765.
N engroffed Bill entitled An Ad^ to oblige Thomas Proffer to reimburfe the Cofts
of profecnting an Information again ft him, was read the third Time.
Refolved, That the faid Bill do pafs.
Ordered, That M"" Wythe do carry it up to the Council for their Concurrence.
A Meffage from the Council by M'' Walthoe.
That they have agreed to the Bill entitled An Adl^ to oblige Thomas Proffer to reim-
burfe the Cofts of profecuting an Information againft him.
Alfo to the Refolve for paying the Officers of the General Affembly.
M'' Munford reported that the Committee appointed had, according to Order,
examined the enrolled Bills and Refolves, and re(5l;fied fuch Miftakes as were found
therein ; and that they were truly enrolled.
Ordered, That M"" Munford do carry them up to the Council for their Infpecftion.
The Letter of M'' Charles Goore of Liverpool, with his Inftrudlions for making Hemp,
directed to the Govemour, Council, and Affembly, were prefented to the Houfe and read.
Ordered, That the Thanks of this Houfe be given to the faid M'' Goore for his kind
Endeavors to ferv'e this Colony, and that the feveral Copies of his Inftru<5lions for making
of Hemp be properly diftributed.
A Meffage from the Council by M^ Walthoe.
That they have infpeded the enrolled Bills and Refolves, and are fatiffied they are truly
enrolled.
A Meffage from the Governour by M"" Walthoe.
M"' Speaker,
The Governour commands the immediate Attendance of your Houfe in the Council
Chamber, and that you bring with you fuch Bills and Refolves as are ready for his Affent.
M'' Speaker with the Houfe went up accordingly, and his Honour the Govemour was
pleafed to give his Affent to the following publick and private Adls:
/. An Ad^ for amending the Staple of Tobacco, and for preventing Frauds in his
Majefty's Cuftoms.
2. *To prevent Frauds in the Drawback of the Duties on Liquors imported into this
Colony.
J. ^An Ad for continuing the Ad for appointing an Agent, and two other Ads therein
mentioned.
4. 6 To revive and amend An Ad entitled an Ad for eftablifhing a Trade with thelndians
in Alliance with his Majefty, and alfo to amend one other Ad for direding the Trutees of
the Indian Fadory of Virginia to fell the Goods imported by them, and to pay the Money
arifing by fuch Sale into the Treafury for the Ufe of the Publick.
5. 7 For amending and declaring the Law concerning the Efcape of Debtors out of the
Prifcni Rides, and for other Purpofes therein mentioned.
6. ^For appointing Commiffioners to examine and ftate the Accounts of the Militia
lately ordered out into adual Service, and for other Purpofes therein mentioned.
To
' Hening, VIII, p. 173. ' IbiJ., VIII. p. 69. s Ibid.. VIII. p. 113. ^ Ibid.. VIII, p. 118.
• Ibid., VIII, p. 173. 4 Ibid.. VIII. p. 112. 6 Ibid.. VIII, p. 114. a Ibid., VIII.p. 124
[ 363 ]
58
y. ^To prevent the Pradice of felling Perfons as Slaves that are not fo, and for other
Purpofes therein mentioned.
8. ^ To amend the Ad for the better Government of Servants and Slaves.
g. ipor amending the Ad entitled an Ad for direding the Trial of Slaves committing
Capital Crimes, and for the more effedual piinifhing Conf piracies and Infiirredions of
them, and for the better Government of Negroes, Mulattoes, and Indians, bond or free.
10. *To dired the Colledion of the Land Tax in Arrear from Part of Culpeper County
for the Year IJSQ, and for other Purpofes therein mentioned.
11. sFor exempting the Exporters of dreffed Hides or Skins from the Payment of Duties
for fuch as had been before imported.
12. ^To amend an Ad for in fpeding Pork, Beef , Flower, Tar, Pitch, and Turpentine.
I J. 7 To empoiver the Treafurer to receive the Money due from the Province of Pennfyl-
vania to this Colony.
14. ^For the Sale of the ufelefs military Stores in the Magazine in Williamfburg.
75. 9 For eftablifhing a Ferry from the Land of Thomas Shepherd, at Mecklenburg, in
Frederick County, to Maryland.
16. '° For increafing the Rewards given for killing Wolves, to be paid by the refpedive
Counties wherein the Services fhall be performed.
ly. ' ^For clearing the great Falls of James River, the River Chickahominy, and the
north Branch of James River.
18. ^''To repeal fo much of the Ad of Affembly made in the fourth Year of his prefent
Majefty's Reign, entitled an Ad for appointing Commiffloners to examine and ftate the
Accounts of the Militia lately ordered out into adual Service, and for other Purpofes therein
mentioned, as allows a Bounty of 40s. to every Perfon who will voluntarily engage in the
Service of the Colony.
ig. '3 For opening and clearing a Road through Swift Run Gap, over the Mountains in
Augufta.
20. ^'^For enlarging the Jurifdidion of the Court of Huftings in the Borough of Norfolk
21. ''^For making an equal Divifion of a Donation of one Matthew Godfrey between the
feveral Parifhes of the County of Norfolk, for the Benefit of their Poor.
22. An Ad''' for repealing an Ad paffed in the former Part ofthisprefentSeffion of
Affembly entitled An Ad for dividing the Parifh of Truro, in the County of Fairfax, and
for making a more equal Divifion of the faid Parifh.
2 J. '7 To veft certain Lands whereof Rice Jones is feized in Fee Taille in the Hon. Rich-
ard Corbin, Efq; in Fee Simple, and for fettling Slaves to be annexed to other entailed Lands
in Lieu thereof.
24. ^^To dock the Entail i§oo Acres of Land whereof Thomas Mann Randolph, Gent, is
feized, and for fettling other Lands in Lieu thereof to the fame Purpofes.
25. "^To dock the Entail of certain Lands whereof John Gregg is feized, and for fettling
other Lands and Slaves to be purchafed in Lieu thereof to the fame Ufes.
26. '°To dock the Entail of certain Lands whereof Harry Beverley, Gent, is feized, and
for fettling Slaves to be purchafed in Lieu thereof to the fame Ufes.
27. '''To veft certain Lands therein mentioned in James Hubard, and fettling other
Lands and Slaves tn Lieu thereof.
28. ' " To veft certain Lots in the City of Williamfburg in the Purchafers thereof, and for
other Purpofes therein mentioned.
2g. ^^To oblige JofephRentfro,and others, to pay to the Treafurer of this Colony the
feveral Sums of Money therein mentioned.
To
I Hening, VIII, p
= Ibid., VIII, p. i;
3 Ibid., VIII, p -
4 Ibid., VIII, p
s Ibid.. VIII, p
6 Ibid., VIII, p
133-
:3S-
137-
139-
142.
143-
7 Ibid., VIII, p. I4S
8 Ibid., VIII, p. 146
0 Ibid., VIII, p. 146
■o Ibid., VIII, p. 147
II Ibid., VIII, p. 148
" Ibid., VIII, p. 151
. 13 Ibid.
VIII, p.
152
19 Ibid.
VIII,
p-
163.
14 Ibid.
VIII, p.
153
'° Ibid.
VIII,
p-
166.
IS Ibid.
VIII, p.
154.
»i Ibid.
VIII,
p.
168.
16 Ibid.
VIII, p.
157-
=^ Ibid.
VIII,
p.
171.
17 Ibid.
VIII, p.
159-
'3 Ibid.
VIII,
p.
172.
. 18 Ibid.
VIII, p.
161.
[ 364 ]
JO. 'To oblige Thomas Proffer to reintburfe the Cofts of profecuting an Information
again ft him.
ji. 'For the Eafe and Relief of the People by paying the Burgeffes Wages in Money for
the la ft and prefent Seffions of Affembly.
His Honour likewife gave his Affent to the following Refolves.
1. That a Committee be appointed, to confift of the following Perfons, viz. Peyton
Randolph, George Wythe, John Randolph, Benjamin Waller, and Robert Carter Nicholas,
Efqrs. or any three or more of whom to be fufficient to ad, to colled the piiblick Ads of Affem-
bly of Virginia which fhall be in force at the End of this prefent Seffion of Affembly, and to
agree with fome Perfon to make a proper Index to the fame, and alfo to agree with a Printer
for printing 1200 Copies, to be neatly bound in Books, with the Arms of Virginia ftamped
on each, and to deliver one to the Governour or Commander in Chief of this Dominion for the
Time being, one to each of the Members of his Majefty's Council, and the prefent Houfe of
Burgeffes, one to the Clerk of the General Affembly, one to the Clerk of the Houfe of Bur-
geffes, one to the Clerk of the Secretary's Office, and one to each County Court Clerk for the
Ufe of his County, and the reft among the Juftices of the feveral Counties, not being Bur-
geffes, as the Treafurcr fhall dired.
2. That the Sum of £j88.ij. 6 Halfpenny be paid to Benjamin Powell, for repairing
the Publick Gaol.
5. That the Sum of £20 be allowed Thomas Brown, a wounded Soldier, for his prefent
Relief, and that a further Sum of £j per Annum be paid him during Life.
4. That the Sum of £jO be paid to Peter Pelham, for repairing the Organ in the City of
Williamfburg.
5. That the feveral Sums therein mentioned be allowed to the Officers of the General
Affembly.
And then his Honour was pleafed to diffolve the Affembl3^
I Hening, VIII, p. 173. ' Ibid.. VIII, p. 187.
INDEX
Index
Abbe, A flave, 237.
Abercrombie, Mr., xxviii, 34, 37, 172; Account of,
193- ^
Abraham, A flave, 121.
Accomac Cotinty, 105, 106; Accomac Parifh, 72, 99,
104, 107, 120, 165; Burgeffes, 3, 31, 45, 63,
144, 146, 169, 201, 225, 313; Chicconeffix
Creek, 245; Gmlford Warehoiife, 105; Onan-
cock, 237, 245: Petition, 109, 237, 245;
Pungoteague Creek, 117; Pungoteague Ware-
hoiife, 240; Writ for eledling burgeffes, 19.
Accomac Parifh, Bill to divide, 99, 104, 107, 120,
165; Petition, 72, 82.
Acquia Warehoufe, Infpecflor reimburfed, 153.
Adair, "American Indians," ix, x.
Adams, Captain, xvi.
Adams, Richard, Burgefs, 3, 19, 31, 45, 63, 169, 201,
225, 231, 237, 30s, 313.
Adjournment, 309.
Agnew, Rev. John, Petitioner, 264, 266.
Albemarle County, 7, 8, 72, 97, 232; Adt to divide,
50; Bill concerning juftices, no, 117, 120;
Burgeffes, 3, 31, 45, 63, 169, 201, 225, 226,
286, 313, 315, 338; Charlottefville, 147, 152,
155. ^56, 164; Coroner, 229; James River,
147- 152. 154, 155. 157. 165; Juftices refund
money, 104, 165; Levy on tobacco, 263;
Method of holding court altered, 355; Peti-
tion, 116, 136, 144, 275; St. Anne Parifh, 12,
51. 73' 139; Writ for elecfting burgeffes, 19,
229, 288.
Albemarle Parifh, 266, 268, 309; Lands docked, 278,
292, 295; Petition, 109, 114.
Alexander, Robert, Commiflioner, 359.
Alexandria, 341; Enlarged, in, 114, 117, 120, 165;
Petition, 76, 90, 238, 246; Settlement en-
couraged, 279, 284, 292, 295, 309.
Allegheny Hills, xi, xii, xiv, xvii.
Allen, Edmund, Claimant, 135.
Allen, Henry, 339, 346; Empowered to erecft bridge,
279, 280, 283, 347; Petitioner, 268, 328, 342,
343-
Allen, Samuel, Claimant, 34.
Allen, Zachariah, Claimant, 81.
Almond, Mary, 88.
Ambler, John, 72, 97.
Amelia County, 11, 314; Burgeffes, 3, 31, 45, 63
169, 201, 225, 313; Claim, 85; Coroner
elecled, 315; Militia, 237; Nottoway Fork,
328; Petition, 77, 82, 83, 109, in, 135, 145,
236, 263, 315, 329; Sheriff ele(5ted, 315; Writ
for eledling burgeffes, 19, 315, 359.
America, xv, xvi, xxviii, liii, liv, lix, Ixi, Ixii, Ixiii,
Ixv, Ixxii, Ixxiv, Ixxvi, 203, 217, 256, 257,
358, 360; A(5l concerning ftamp duties, Ixxv;
Britifh eftablifhments in, 48, 303; Britifh
poffeffions in, Ivi, 235.
"American Indians," by Adair, ix; Liberty, Ixvii;
Subjecfts, Ivii; Trade, xxxvii.
Amherft County, 260, 263, 264, 233> 334; Amherft
Parifh, 50; Bowman's Warehoufe, 266; Bur-
geffes, 3, 26, 31, 45, 63, 169, 201, 225, 313;
Method of holding court altered, 347, 355;
Mill Stone Quarry, n6, 241, 279; Petition,
7, 72, 81, 97, 116, 27s, 279, 316, 329; Reim-
burfed, 104 no, 117, 120, 165; Writ for
eledling burgeffes, 19.
Amherft Parifh, 51: Petition, 50.
Amherft, Major-General, Jeffrey, x, xi, xii, xvi, xviii,
xxvi, 6, 18, 27, 3S, 34, 47, 48, 49, 50, 66, 103,
125, 130, 139, 151, 203, 204, 205, 212.
Anderfon, Mr., 182, 243.
Anderfon, Benjamin, jTiror, xlvii.
Anderfon, Ifaac, Claimant, 77.
Anderfon, John, xx.
Anderfon, Thomas, Commiffioner, 359.
Anderfon, William, Accufed of murder, xxiii.
Andrews, Robert, Annual allowance, 220; Petitioner,
219, 220; Reimburfed, 220.
Anglin, Adrian, Claimant, 84.
Annapolis, i.
Anne, Queen, 84, 96, 1 16, 120, 123, 125, 132, 133, 135.
Antrim Parifh, 279; Bill concerning, 293, 295; Ex-
empt from payment of ferriage, 309; Petition
240; Reimburfed, 265, 273, 278, 283.
Appomattox River, 112; Bridge over, 99; Grift
mills on 78; Petition, 279, 325, 329; Tobacco
infpecftion, 108.
Archer, John, Petitioner, 163.
Armiftead, Gill, Burgefs, 3, 13, 19, 31, 45, 64;
Deceafed, 67.
Armiftead, Robert Booth, Lands docked, 291.
Armorer, 132.
Armftrong, John, Petitioner, 239; Reimbtirfed, 267.
Armftrong, Lanty, Petitioner, 239; Reimburfed, 267.
Armftrong, Robert, Petitioner, 254; Reimburfed, 259.
Arrington, Thomas, 127.
Artificers, 134, 141, 187, 195, 244.
Arts, Encouraged, no, 119, 145, 148, 151, 154, 164.
Arimdel, A fhip, 48.
Afhbey, Nimrod, 281; Deceafed, 346.
Afhbey, Robert, Petitioner, 281.
Afhborough, N. C, ix.
Afhby, Captain, 260.
Afhby, Frances, Petitioner, 346.
Afhby's Gap, 182, 243, 258.
Afhton, John, Member of Affociation, Ixxiv.
Afhworth, John, Petitioner, 233, 259, 262; Reim-
biu-fed, 262.
Affembly, Adls of, Colledled, 364; Diffolved, 364.
Atherton, James, Petitioner, 163.
Atkin, Edmund, Agent, 103,
Atlantic Ocean, x.
Atterbury, William, Claimant, 19, 75.
Attorneys' Petition, loi, 107.
Augvifta Boys' Proclamation, xxiv.
Augufta, Congrefs at, xix, 204.
Augufta County, xx, xxi, xxiii, xxiv, 71, 85, 104, 182,
243. 2.S4, 325. 326, 331, 334, 336; Accoimtof,
78; Burgeffes, 3, 31, 45, 63, i6g, 201, 225,
313; County Court, 247, 281 ; Fort Dinwiddie
254; Fort Lewis, xvii; Fort Young, 254, 324;
Method of holding court altered, 355 ; Militia,
17, 21, 214, 236, 325; New River, 79; Peti-
tion, 134, 207, 267, 27s; Rockfifh Gap, 207;
Staunton, 10, 12, 17, 21, 23, 26; Swift Rvm
Gap, 283, 334, 337, 363; Volunteers, 215;
Writ for eledling burgeffes, 19.
Ayrate, ix.
B.
Baccaloone, xi.
Back River, 268; Bridge over, 77, 149, 242, 258,
268, 279, 280, 283, 328, 339, 343, 346, 347.
Bacon, Lydall, Claimant, 205, 244.
Bahama Iflands, Ixi, Ixii.
Bailey, Jeremiah Garland, 71, 79.
Bailey, John, Claimant, 176, 244; Petitioner, 71, 79.
Bailey, Stephen, Deceafed, 71, 79.
Bailey, Thomas, Burgefs, 64, 104, 113; Report on
eledlion, 113.
Bailey, William, Burgefs, 170, 202, 226, 231, 314.
Baillie, Thomas, Petitioner, 39, 41, 42.
Baine, Alexander, 320.
Baird, Benjamin, Commiflioner, 359.
Baker, James, Deceafed, 115.
Baker, Richard, Petitioner, 115.
Balfour, James, Commiffioner, 16, 73.
Ball, Spencer M., Biu-gefs. 3, 31, 45, 63, 169, 201,
225, 231, 313; Member of Affociation, Ixxiii.
Ball, William, Claimant, 75; Member of Affociation,
Ixxiv.
Ballantine, John, Jr., Member of Affociation, Ixxiv.
Bankenfhip, Stephen, Petitioner, 324.
Banks, James, Member of Affociation, Ixxiii.
Banks, William, Petitioner, 134, 141.
Barbour, James, Burgefs, 3, 31, 45, 63, 169, 201,
225, 231, 313.
Barclay, Rev John, Letter from, xlvi.
Barham, Claimant, in. .'
Barnes, Thos., Member of Affociation, Ixxiv.
Barrett's Ferry, Petition concerning, 72; Ware-
houfe, 97.
Barriffield, John, Petitioner, 284. (See Berriffield)
[368]
Barron, Stephen, Ferry-keeper, 150.
Bafkins, Charles, Accufed of murder, xxiii.
Bafkins, Hugh, Accufed of murder, xxiii.
Baffett, Bunvell, Burgefs, 63, 64, 84, 169, 201, 225,
23°. 3^3-
Baftard Children, 268, 288, 305, 306.
Bates, Jofeph, 259.
Bates, Thomas, Claimant, 253.
Bates, WilUam, Claimant, 71.
Bath Parifh, Empowered to fell, 207, 209, 217, 218,
2 19, 222.
Batte, Henry, Jr., Claimant, 77.
Baughan, John, 318.
Baylis. John, Burgefs, 4, 17, 20, 31, 45, 63, 73, 80, 84,
104, 129, 130, 169, 201, 225, 313; Eledtion
queftioned, 122, 125; Guardian, 185, 343;
Petitioner, 14,
Baylor, John, Burgefs, 3, 8, 13, 31, 4S. 63, 84, 92,
135,169,225,230,313.
Beale, Charles, Member of Affociation Ixxiv.
Beale, John, Jr., Member of Affociation, Ixxiv.
Beale, Wilham, Jr., Member of Affociation, Ixxiv.
Bear Creek, ix.
Beckwith, Jona,, Member of Affociation, Ixxiv.
Bedford County, 77, 116, 241; Burgeffes, 3, 31, 45.
63, 169, 201, 225, 313; Claim, 85; Militia,
274; New London, 17, 21, 23, 25, 26; Oyer
& Terminer Court, 135; Petition, 10, 275,
279; Tuckahoe Creek, 77; Writ for eledling
burgeffes, 19.
Bee Eye, A flave, 121.
Beef, Infpedted, 93, 123, 144, 151, 154, 156, 157, 158,
164, 328, 338, 348, 353. 356, 3(>3-
Beeves, 296, 297.
Belfield, John, Member of Affociation, Ixxiv.
Belfield, Thos., Member of Affociation, Ixxiv.
Bell, John, Petitioner, 273.
Bell, William, Claimant, 17.
Belt of Peace, 33.
Bennet, John, 87.
Bennet, Richard, 105.
Bennet's Creek, 105, 106.
Bermuda Iflands, Ixi, Ixii.
Bemick, George, Claimant, 205, 244.
Berrif field, John, Petitioner, 277 {See Barrif field.)
Berry, John, Deferter i lo.
Berryman, John, Member of Affociation, Ixxiv.
Befley, John, Claimant, 2x5, 244.
Beverley, Colonel, 10.
Beverley, Harry, Lands docked, 330, 335, 339, 342,
363; Petitioner, 328.
Beverley, Robert, Deceafed, 328.
Beverley, William, Burgefs, in 1743, xiv.
Bibliotheca Americana, 1.
Big Ifland, x, 6, 33.
Binns, Charles, Petitioner, 114, 145.
Bifhop of London, Letter to, xlii, xliii, xliv, xlv,
xlvi.
Black Bett, A flave, 121.
Black, William, 290,
Blackwell, John, Member of Affociation, Ixxiv.
Blackwell, Jofeph, Member of Affociation, Ixxiv.
Blackwell. Samuel, Account of, 340.
Blagg, Capt. John, 240, 261, 274, 276; Accovmts, 138:
Petitioner, 94, 102, 106.
Blagge, John, Member of Affociation, Ixxiii.
Blagrave, Henry, Burgefs, 3, 31, 45. 63, 70. 169, 201,
225, 313.
Blake, Captain, xvii.
Bland, John, Jr., Member of Affociation, Ixxiv.
Bland, Richard, Burgefs, xxix, 3, 5, 7, 8, 9, 31, 35,
36, 37. 39. 45. 49. 5°. 63, 68, 69, 77, 78, 80, 84,
86, 92, 94, 97, 99, 100, 105, 106, 113, 114, 115,
122, 124, 125, 131, 138, 142, 143, 148, 151,
160, 161, 162, 169, 175, 176, 177, 180, i8x,
182, 183, 185, 201, 206, 208, 209, 210, 211,
225, 229, 230, 231, 232, 235, 264, 268, 269,
283, 286, 288, 290, 292, 305, 306, 308, 313,
316, 317, 324, 325 326; Oppofe refolutions,
l.xv; Petitioner, 237; Publication by, xlviii;
"Salus Populi" 1 .
Bland, Richard, Jr., Burgefs, 3, 31, 45, 63, 69, 156,
169, 201, 225, 265, 282, 313.
Blandford, 83; Direiftors & truftees appointed, in,
113, 138, 139, 165; Tobacco infpecftion, 109,
112; Petition, 76, 90.
Blandford Warehotife, Infpedtors reimburfed, 153;
Petition, 76.
Blankenfhip, Stephen, Reimburfed, 328.
Blanton, James, 102.
Blanton, William, Petitioner, 249; Reimburfed, 259.
Bledfoe, Mofes, Claimant, 219, 244.
Blue Ridge, ix, 248.
Blunt, John, Recruit, 20.
Board of Trade, 171, 172, 173, 197; Letter from
Fauquier, xiii, xv, xvii, xix, xx, xxv, xxvi,
xxix, xxxiv, Iviii, Ixviii, Ixix, Ixx, Ixxi, Ixxii.
Bob, A flave, 121, 136, 239.
Boius, Jacob, Annual allowance, 238; Petitioner,
232, 237, 238; Reimburfed, 238.
Boiling, Robert, (Dinwiddie) Burgefs, 3, 31, 45, 63,
69, 83, 109, 112, 169, 201, 225, 230, 313.
Boiling, Robert, Jr., (Buckingham) Burgefs, 3, 31,
45. 63, 69, 169, 201, 214, 215, 225, 313, 327.
Boiling's, John, Warehoufe, Infpedlors' petition, 84;
Infpedtors reimburfed, 153.
Boiling's, Robert, Warehoufe, Petition, 76, io8, 153.
Bolton, Richard, Petitioner, 240; Reimburfed, 259.
Bondurant, Jofeph, 323, 326.
Booker, Edward, Burgefs, 225, 226, 313, 326; Elect-
ion queftioned, 388, 290.
Booker, James, Member of Affociation, Ixxiv.
Boone, Thomas, Governor of South Carolina, 47, 49,
66.
Booth, Thomas, Petitioner, 236, 259.
Booth, William, Member of Affociation, Ixxiii.
Bofton, Ixvii; Papers, Ixvi.
Bofweli, John, Teftimony of, 270, 271, 272.
Bounty Money, 35.
Bouquet, Colonel, xi, 287, 292, 296, 297, 332, 339;
Letter, 289.
Bowen, Map, ix.
Bowman's Warehoufe, 266.
Bowyer, Luke, xxiv.
Boyd, Alexander, Petitioner, 247.
Boyd, James, Petitioner, 239, 258.
Boyd's Hole Warehoufe, Petition, 334, 340.
Braddock, General, 82, 92, 94, 255, 281, 334, 340.
Bradfield, Zachariah, 126.
Bradley, William, Burgefs, 31, 45, 54, 55, 56, 63, 69,
70, 155, 156, 157, 169, 184, 185, 193, 194, 201,
206, 209, 216, 219, 225, 231, 293, 294, 300, 313,
335. 341, 345- . „ . .
Brakenridge, Robert, Claimant, 17, 21; Petitioner,
213, 236, 238, 244; Reimburfed, 238.
Branan, 'Thomas, Petitioner, 179, 186, 214; Reim-
burfed, 186, 214.
Brandon, 325.
Braxton, Carter, Burgefs, 3, 13, 31, 45, 63, 169, 201,
225, 230, 260, 279, 313, 351; Guardian, 136,
242.
Braxton, George, Burgefs, 3, 32; Deceafed, 7, 136,
242.
Bray, George, Claimant, 233.
Breedlove, James, Claimant, 71.
Brent, George, 127.
Brent, W., Member of Affociation, Ixxiv.
Brick Hotife Warehoufe, Infpedlors reimburfed, 153.
Bridge, Adt concerning, 99, 152, 154, 155, 157, 165;
Ere(5led, 328, 346, 347; Petition to eredt, 268;
Subfcription for building, 79.
Bridger, James, Burgefs, 3, 31, 45. 53. 63, 69, 169,
201, 225, 253, 313.
Bridger, Jofeph, Burgefs, 3, 31, 45. 63, 169, 302;
Succeflor appointed, 205.
Bridges, Bill concerning, 77, 84, 109, 112, 115;
Public, 138, 142, 146, 164.
Briftol Parifh, Bill concerning, 78, 86, 91, 92;
Boimds fettled, 121, 165.
Britain, 241, 250.
Britifh, XV, xvi, Ivi, Ixvi, Ixxii, 48; Arms, xxx, i88;
Colonies in Am., a<5l concerning ftamp duties,
Ixxv; Colonies and Plantations, liii, Ivi, Ivii,
lix, Ixi, Ixii, Ixiii; Creditors, 191, 241; Em-
pires and patriots, Iviii; Fleets, Ivii, Liberty,
Ivi, Ixiv, Ixvii, 257; Merchants, xviii, xxix,
xxxii, xxxiii, xxxiv, xxxvi, xxxvii, 173, 174,
180, 190, 191, 192, 212, 241; Miniftry, xxviii;
Nation, 66; Parliament, xxxvi, Ixv, 6, 237,
228, 303; Subjedls, 257; Record Office, vii,
viii.
Britons, Iv, Iviii, 256.
Broadrib, Benjamin, Deceafed, 24.
Broadrib, John, Appointed doorkeeper, 24, 49, 192,
219, 361; Petitioner, 24; Reimburfed, 25, 40,
57, 192, 219, 361.
Broadrib, Thomas, Doorkeeper, 7.
Broad River, viii, ix.
Brockenbrough, William, Member of Affociation,
Ixxiii.
Brodie, Dr. John, 89, ^5, 96.
Bromfield Parifh, Petition, 178, 233, 242, 338.
[ 369 ]
Bronaugh, William, Member of Affociation, Ixxiv;
Petitioner, 121, 131; Reimburfed, 131, 142,
166.
Brookes, Mr., 290.
Brooking. Vivian, Claimant, 239.
Broone, John, Member of Affociation, Ixxiv.
Brough, Robert, 87, 96.
Brown, James, Claimant, 104.
Brown, Jeffe, 79, 99, 105, 107, 120, 165; Landing,
76.
Brown, John, 181.
Brown, Tarlton, Suit againft, xlvii.
Brown, Thomas, Annual allowance, 349, 364; Peti-
tioner, 343, 349; Reimburfed, 358.
Browne, Henry, Burgefs, 4, 32, 46, 64; Deceafed, 67.
Broyle, Adam, Claimant, 98.
Broyle, Jacob, 98.
Briun, Bryan Examination in houfe of, 251.
Brunfkill, Rev. John, Letter from, xlvi.
Brunf wick County, 15, 74; Burgeffes, 3, 10. 14, 31,
45. 63. 73. 75. 92. 139. 169, 201, 225, 313;
Petition, 83, 109, 11 1; St. Andrew Parifh,
143, 148, 161, 162, 163, 165; Writ for eledling
burgeffes, 19.
Brunfwick Parifh, 147, 208, 327.
Bruton Parifh, Bill concerning, 108, 125; Em-
powered to fell, 156, 157, 165, 335.
Brutus, Ixvi.
Bryan, Almorene, Claimant, 35.
Bryant, James, Petitioner, 266; Reimburfed, 268.
Buchanan, John, Claimant, 344; Petitioner, 71, 79
85, 100.
Buck, Benjamin, 88, 94, 95.
Buck, John, 89, 90, 95, 96; Vote queftioned, 88, 94.
Buckhom Road, 181.
Buckhom Swamp, 181.
Buckingham County, 112, 263, 264; Burgeffes, 3
26, 31, 45, 63, 169, 201, 225, 313; Method of
holding court altered, 355; Militia & Indian
accounts, 84; Petition, 7, 72, 97, 107, 116,
275; Reimburfed, 104, no, 117, 120, 165;
Writ for eledling burgeffes, 19.
Buckmafter, Thomas, Petitioner, 163.
Buckner, Richard, 135.
Bull, Captain, xii.
Bull, Governor, x, 7,1,.
Bullard, Ambrofe.l Claimant, 34, 75.
Bullet, Captain, 52, 54.
Bullett, Thomas, Petitioner, 94, 102, 106, 211, 213;
Reimburfed 213.
Bullion, Scarcity of, 65.
Bullock, John, 96.
Bull Run, 16.
Bunbiuy, Thomas, Infpedlor, 340; Petitioner, 340.
Burchen, Benjamin, Claimant, 71.
Burdett, Giles, 109.
Burdett, Humphrey, Claimant, 34, 75.
Burgeffes, Adl to regulate eledlion, 116; Addrefs
from Governor, xxvii, xxviii, xxxv, xxxvi,
13, 14, 18, 24; Addrefs to Governor, xviii,
xxviii, XXX, xxxi, xxxii, xxxiii, xxxiv, xxxvii,
937, 49, 68, 124, 173, 188, 189, 190, 191, 192,
206, 212, 229, 249, 250; Addrefs to King, liv,
302; Adjourned, 309; Eledlion reguluted, 96.
120, 123, 125, 132, 133, 13s, 138, 146, 164;
Journals of Houfe, 38, 53, 153, 214; Me-
morial, 302;Meffage from Council, 5, 6, 9, 22,
23. 25, 26, 40, 41, 42, 55, 56, 57, 58, 120, 139,
146, 149. 151. 154, 156, 157. 158, i6i, 163,
164, 185, 193, 195, 196, 218, 219, 220, 221,
273, 283, 287, 295, 299, 301, 307, 308, 332,
337. 338, 342, 343. 344. 345. 346. 349, 351,
353. 354. 355. 35^. 359. 3^1. 362; Meffage
from Governor, 26, ^^, 40, 42, 47, 52, 58, 65,
76, 133. 138. 142, 175. 194. 196. 203. 210, 211,
216,221, 227, 235, 252, 287, 308, 336,344,
362; Remonf trance of, Ivi, Ivii, Iviii; Report
from treafurer, 294; Speech by Governor, 27,
58, 65, 66, 67, 171, 197, 203, 204, 222, 227,
228; Wages in money, 24, 25, 26, 27, 39, 40,
41. 42. 56, 57. 58. 146, 149. 159.160, 161, 165,
193. 194. 195. 197. 216, 217, 218, 219, 274,
305. 357. 358,360, 361, 364.
Burglary, 71.
Burk, John, Hiftorian, Ixiv, Ixvi.
Burnley, Mr., Freeholder, 269.
Burnley, Harding, Letter from Littlepage, 270.
Burton, Charles, Claimant, 34.
Burton, Jeffe, Claimant, 34.
Burweli, Lewis, Burgefs, 3, 31, 45, 63, 69, 77, 125,
169, 201, 225, 230, 240, 305. 313, 351.
Byrd, Col. William, xiv, 13, 24, 27, 35, 57, 138,
141, 151, 215, 332; Memorialift, 130, 132;
Reimburfed, 146, 165.
Byrd's Warehoufe, Infpedtors, 100, 153.
Byrne, Charles, Claimant, 193, 244.
Cabbell, John, Petitioner, 264, 266.
Cabell, Jofeph, Burgefs, 3, 31, 45, 63, 118, 169, 201,
225, 231, 278, 313.
Cabell, William, Burgefs, 3, 13, 24, 31, 45, 51, 57, 63,
117, 156, 169, 201, 225, 231, 305, 313.
Caldwell, John, Claimant, 19, 20; Reimburfed, 21.
Callaway, James, Petitioner, 77, 85.
Callaway, William, Burgefs, 3, 10, 31, 45, 63, 69, 169,
20I, 225, 239, 313.
Calvert, Burr, 129, 130.
Camden, Lord, Ixxiv.
Cameron Parifh, Bill to divide, 119, 156, 157, 165;
Petition, 116.
Camm, Rev. John, xlviii ; Affembly affailedby, xlvii;
Letter from Maury, li; Letter to, li, lii, liii;
Pamphlet by 1, li.
Camp, George, 75; Deceafed, i8,8oae
Camp, John, Account of, 80; Ciaimant, 18, 75.
Campbell, Arthur, Petitioner, 324; Reimburfed, 323.
Campbell, Dougal, Petitioner, 240; Reimburfed, 259,
Campbell, Member of Affociation, Ixxiv.
Canada. 339, 340, 342.
Canfield, Robert, 51.
Cannon, Bamaby, 129, 150.
Carlyle, John, Petitioner, 80, 85, 232.
Caroline County, 34, 98, 211, 217, 219, 220, 222;
Burgeffes, 3, 31, 45. 63, 169, 201, 225,313;
Dryfdale Parifh, 49, 51, 52, 54, 55, 58; Gaol,
97, 119; Lands added to, 75, 97, 98, 106, no,
112, 120, 165; Oyer & Terminer Court, 136;
Petition, 100, 250, 252, 256, 258, 273; Roy's
Warehoufe, 135; St. David Parifh, 99; St.
Margaret Parifh, 99, 137; St. Mary's Parish,
72 ; Writ for electing burgeffes, 19.
Carr, William, 127.
Carrington, George, Burgefs, 3, 24, 26, 31, 42, 45, 51,
57. 63, 98. 169, 201, 313, 319, 354, 358; Clerk
of court, 320: Sheriff, 229; Succef for elected,
226.
Carrington, George, Jr., Reimburfed, 326.
Carrington, Jofeph. Reimburfed, 326.
Carrington, Paul, Burgefs, Ixvi, 313.
Cartel, 339.
Carter, Charles, (King George) Burgefs, xxx, 3, 7, 8,
10, II, 16, 17, 18, 19, 21, 23, 24, 31, 45, 50, 51,
52, 54, 55, 63, 69, 128, 169, 173, 174, 175, 176,
180, 181, 183, 184, 188, 193, 201, 211, 219,
225, 230, 261, 313; Lands docked, 209, 210,
211, 217, 218, 222; Petitioner, 100, 208, 255;
Reimburfed, 262; Succeffor eledled, 226.
Carter, Charles, Jr., (King George) Burgefs, 3, 5, 7,
23, 31, 45, 63, 128, 159, 169, 201; Deceafed,
229.
Carter, Charles,(Lancafter) Btu-gefs 3, 31, 45, 63, 169,
201, 225, 230.
Carter, John, Claimant, 81.
Carter, Landon, Burgefs, xlviii, 1, 4, 7, 8, 12, 14, 17,
18, 20, 22, 31, a, 46, 55, 64, 77, 81, 83, 84, 90,
93, 105, 114, 170, 202, 226, 228, 229, 230, 231,
233, 255, 257, 260, 263, 288, 293, 314; Publi-
cation by, xlviii.
Carter Robert, Lands docked, 17, 20, 24, 25, 27;
Petitioner, 16.
Carter, Robert Wormely, Member of Affociation,
Ixxiv.
Carter's Landing, Ferry difcontinued, 267.
Carter's Rvm, 121.
Carven, William, Account of, 237.
Carvin, Edwin, Petitioner, 253; Reunburfed, 259,
Cary, Archibald, Burgefs, 3, 8, 23, 24^ 25, 26, 31.37,
38, 39, 40, 41, 45, 52, 54, 55, 56, 57. 63, 67, 69.
81, 83, 84, 85, 99, 100, loi, 103, 106, 107, 109,
no, 112, 114. 118, 125, 131, 13s, 141. 144, 146,
150, 151, 154. 156, 157. 158. 159. 160, 169,
182, 183, 187, 193, 194, 195. 201. 208, 209,
210, 214, 215, 216, 217, 219, 220, 221, 225,
229, 230, 231, 237, 238, 257, 258, 259, 260,
261, 262, 263, 265, 266, 268, 276, 278, 279,
280, 282, 283, 284, 285, 289, 291, 294, 295,
301, 305, 306, 308, 313, 315, 316, 328, 333,
339. 342. 346, 348, 349, 35°. 353, 354, 355.
356, 357. 359. 360.
Gary, Miles, Clerk, 70, 232; Reimburfed, 361.
[ 37° ]
Gary, William, 210, 212, 217, 220, 222, 277, 278, 283,
293, 295, 309;, Petitioner, 208, 268.
Car>', William, Deceafed, 208, 268.
Cafey, John, 95.
Caffon, Thomas, 211, 217, 219, 220, 222.
Caftleman, Jacob, Account of, 340.
Catawba Indians, viii, ix, 179.
Cattle, Bill concerning, 260, 263, 264, 268, 269, 272,
274, 276, 279, 288; Diftempered, 237.
Cawthron, Robert, 318, 319; Reimburfed, 326.
Cay, Gabriel, Petitioner, 301.
Cedar Point, 70, 90, 237, 246.
Champe, William, Burgefs, 225, 226, 269, 313.
Chancery Suits, 282.
Chaplain elected, 7, 34, 49. 67, 173. 205, 229.
Chapman, Thomas, 127.
Charles I., Ixvi.
Charles II., Ivii, 304.
Charles City, Burgetfes, 3, 31. 45- 63, 169, 201, 225,
313, 325; Petition, 72, 79, 82, 97; Writ for
electing burgeffes, 19.
Charleston, ix.
Charleftown, ix, x, 204.
Charlotte, A flave, 121.
Charlotte County, Burgeffes, Ixvi, 313; Juftices,
354; Red Hill, Oppo. xvi, liii; Writ for
electing burgeffes, 359.
Charlottefville, Bill to eftablifh, 147, 152, 155, 156,
164.
Chavis, Gibb, Claimant, 77.
Cheat River, 248.
Cherokee Indians, viii, ix, x, xiii, xv, xvii, xx, xxi,
xxii,xxiv, XXV. Ixviii, 6, 18, 33, 36,37,39,47,
66, 70, 77, 81, 85, 98, 100, 104, 130, 132, 140,
151, 204, 236, 242, 266, 336; Country, xiv,
xxi, 208, 239, 298; Expedition, 13, 82, 85,
125, 141; Prefents for, 40; Towns, xviii;
War, .xiv.
Cherokee-French, Agreement annulled, x.
Chefterfield County, 99; Burgeffes, 3, 31, 45. 63, 169,
201, 225, 226, 313; Court day altered, 182,
185, 194, 196, 220, 221, 222; Gatefville, 315;
Method of holding court altered, 355; Peti-
tion, 78, 82, 315, 329; Writ for eledting
burgeffes, 19, 315, 359.
Chew, Colefby, Deceafed, 122
Chew, James, 297.
Chew, Larkin, Annual allowance, 142, 166; Peti-
tioner, 122, 124; Reimburfed, 142.
Chew, Thomas, Claimant, 17, 75.
Chicahomony River, Barrett's Ferry, 72; Cleared,
349. 356. 3(>3-
Chicconeffix Creek, 245.
Childs, Edward, Annual allowance, 186; Petitioner,
179, 186.
Chiles, John, Claimant, 11, 75.
Chilton, Charles, Member of Affociation, Ixxiv.
Chilton, William, Member of Affociation, Ixxiv.
Chimneys, Wooden, Ereiftion prevented, 257.
Chippawa Indians, xi.
Chifam, William, Petitioner, 7, lo.
Chifwell, Col. John, xx, 6; Reimburfed, 11, 22,
27-
Chifwell 's Mines, 232.
Choconantee, xx, xxiii.
Chrift Church Parifh, 327.
Chriftian, Ifrael, Account of, 103; Burgefs, 3, 7, 10,
17. 31. 45. 63, 69, 70, 106, 169, 201, 207, 209,
211, 219, 225, 231, 236, 280, 298, 299, 313,
335; Reimburfed, 103.
Chriftian, Michael, Petitioner, 316, 324.
Clack, John, Petitioner, lo, 14, 73, 74, 75, 92; Reim-
burfe Walton, 265; Withdraw petition, 139.
Claiborne. Leonard, Jr., Burgefs, 3, 24, 31, 45, 57, 63,
169, 201, 207, 209, 218, 225, 247, 285, 286,
Claiborne, Philip Whitehead, 12; Lands vefted in,
21. 22. 24, 25, 27; Petitioner, 11.
Clandening. Robert. Annual allowance, 220; Peti-
tioner, 214. 220; Reimburfed, 220.
Clark, Benjamin, Claimant, 13, 75.
Clarke, James, Petitioner, 17, 20.
Clayton, William, Claimant, 205, 244.
Clendening. James, xx; Accufed of murder, x.xiii.
Clergy, Act concerning, xxxviii, xxxi.x, xl; Letter
to Bifhop of London, xlii, xliii, xliv, xiv, xhd;
Salary, xxxWii.
Clifton's Ferry, 341.
Clinche River, xv.
Cobham, 114. _
Cock, Mr., Freeholder, 269.
Cocke, Benjamin, Burgefs, 187, 210; See Bowler
Cocke.
Cocke, Bowler, Burgefs, 3, 7, 31, 45, 55, 63, 97, 169,
201, 225, 230, 313; See Benjamin Cocke.
Cocke, Hartwell, Burgefs, 4, 32, 46, 53, 64, 67, 69,
170, 202, 226, 231, 280, 314, 335.
Cocke, James, Clerk of Treafury, 144; Petitioner,
132. 144.
Cocke, John, Petitioner, 94, 114.
Cocke, Thomas, 113.
Cocke, William, Member of Affociation, Ixxiii.
Cocks. WilUam, 232.
Coggin's Point, 325.
Colchefter, 341 ; Petition to eftablifh infpedlion, 243;
Warehoufe eftablifhed, 99.
Coleman, Daniel, Claimant. 37, 73.
Coleman, John, Commiflioner, 290.
Coles, John, Claimant, 75; Petitioner, 52, 54.
Coles, Walter, Burgefs, 313.
College (William & Mary) Burgeffes, 3, 31, 45, 63,
169, 201, 225, 313; Writ for eledting bur-
geffes, 19.
Collier, Benjamin, Claimant, 71.
Collier, Henry, Claimant, 55, 75.
Collier, Lockey, 94, 95.
Collins, Capt. Luke, 248; Reimburfed, 253.
Colmer, Chaplain. Davis, 247.
Colfton, William, Deceafed, 147.
Colvin, Vincent, Account of, 340.
Commanders of Ships, Petition, 99.
Commiffioners, Appointed, 209, 217,218, 22i;Report
235-
Common Hall, Empowered to affefs taxes, 21, 22, 23,
26, 183, 184, 187, 193, 19s, 196, 207.
Comptroller, 301.
Connelly, John, Petitioner, 163.
Conogotocko, Warrior, xvii, 33.
Confpiracies, Provifions againft, 287.
Conftance's Warehoufe, Infpectors reimburfed, 153;
Petition, 76.
Conway, Mrs., 211.
Coombes, John, Claimant, 71.
Cooper, Thomas, 87; Claimant, 210, 244.
Coofa River, viii, ix.
Cootes, Mr., Merchant, liii.
Corbin, Gawin, Burgefs, 225, 226, 282, 313.
Corbin, Richard, Lands vefted in, 327, 330, 334, 336^
338, 346, 363.
Cornwall Parifh, 104; Petition cenceming, 235.
Coroner, Appointed, 205, 229.
Cothron, Robert, 318.
Council, Meffage to Burgeffes, 5, 6, 9, 13, 18, 22, 23,
24, 25, 26, 40, 41, 42, 55, 56, 57, 58, 120, 139,
146, 149, 151, 154, 156, 157, 158, 161, 163,
164, 185, 193, 195, 196, 218, 219, 220, 221,
273. 283, 287, 29s, 299, 301, 307, 308, 337,
338, 342, 343. 344, 345. 346, 349. 351, 353.
354, 355.358, 359, 361, 362.
Court Day, altered, 193, 194, 1966 208, 209, 217, 220,
221, 222, 233, 246, 278, 2,84, 285, 290, 292,
295.
Courts, Affize, 234; Huftings, 280, ^^^, 345; Hvift-
ing, jurifdidtion enlarged, 363; Method of
holding altered, 3;};}, 334; Monthly, 107,
Oyer & Terminer, 135, 136; Quarterly, 107,
116, 329; Quarterly eftablifhed, 157, 159.
Cowles, Thomas, Claimant, 118.
Cox, Capt. John, 276.
Cox, William, Deputy, 80.
Craig, David, 255.
Craig, John, Petitioner, 255, 267. '
Crawford, John, Reimburfed, 262.
Crawford, Jofhua, Claimant, 181, 244; Petitioner,
244.
Crawley, Nathaniel, Claimant, 23, 75.
Creagh, John, Petitioner, 259.
Creek Country, Lx.
Crefap, Thomas, 281, ,
Criminals, Trial of, 250.
Croghan, Mr., Dep. Supt. Indian Affairs, xii; Addrefs
to Si.x Nations, xii.
Cromwell, Oliver, Ixvi.
Cromwell, William, Claimant, 91.
Crow, Capt. William, xxiv, 247.
Crows, Bill to deftroy, 107, no, 113, 139, 141.
CrutcMeld's Warehoufe, 10; Infpedlors reim-
burfed, 153.
Culpeper, Lord, Ivii, 304.
Culpeper County, 237, 247, 336, 348, 353, 354; Brom-
field Parifh, 178, 233, 242, 338; Burgeffes,
3- 31. 45. 63, 169, 201, 210, 225, 286, 313.
[371 ]
Commiffioners report, 235; Court, 128;
Court day altered, 102; Militia, 262; Nor-
man's Ford, 100; Petition, 102, 233, 246;
St. Mark Parifh, 178, 208, 233,242,331,338;
Taxes, 357, 358, 363; Writ for electing
burgeffes, 19.
Cumberland, Duke of, Ixxii, Ixxvi.
Cumberland County, 112, 308, 314, 317, 318, 319,
320, 323; Burgeffes, 3, 31, 45. 63, 169, 201,
225, 226, 313; Clerk's petition, 119, 144;
Reimburfed, 327; County court, 307; Gaol-
er's petition, 119, 144; Method of holding
court altered, 355; Petition, 78, 82, 108, 116,
325; Sheriff 229; Sheriff's petition, 119, 144;
Surveyor's petition, 119, 144; Willis's Creek,
116, 141, 162, 163, 165, 321; Writ for eledl-
ing burgeffes, 19, 228, 288, 324.
Cumberland Parifh, 104, 328; Bill concerning, 265,
273, 278, 283; Petition concerning, 235.
Cumberland River, ix.
Cunninghain. Elizabeth, 87.
Cunningham, James, 87; Vote queftioned, 86.
Cunningham, Robert, Accotint of, 34.
Ctmningham, Capt. Walter, 254; Petitioner, 332.
Cunningham, William, Accoimt of, 93.
Cunninghame, Hugh, Petitioner, 215.
Cunninghame, Robert, 297.
Cvmninghame William, Accufed of murder, xx, xxiii.
Curie, David Wilfon, Commiffioner, 37, 73.
Cufcufkie Indians, xi.
Cultom Frauds, Prevented, xli, xlvi, 93, 99, 103, 145,
147, 148, 150, 151, 152, 153, 15s, 157, 164,
215, 216, 218, 2ig, 220, 221, 249, 258, 263,
265, 273, 276, 280, 281, 282, 284, 285, 286,
287, 291, 294, 298, 299, 315, 317, 329, 339,
341, 343. 346, 349. 351. 353. 354. 362.
D.
Dade, Baldwin, Infpedlor, 340; Petitioner, 340.
Dade, Townfhend, Member of Affociation, Ixxiv.
Dagworthy, Captain, 94.
Dalby, Thomas, Burgefs, 3, 31, 45, 63, 108, 169, 201,
225, 231, 313, 344.
Dam, 134.
Dandridge, Elizabeth, 11.
Dandridge, Nathaniel Weft, Burgefs, 3, 31, 45, 63,
69, 105, 169, 201, 202; Hanover Co. Coroner,
205; Petitioner, 232, 235, 269, 270, 271.
Dandridge, Unity, 11.
Dark, William, Account of, 340.
Darnell, Henry, Petitioner, 184, 243, 244; Reim-
burfed, 284.
Darr, George, Annual allowance, 238; Petitioner,
236, 237.
Davenport, George, 12; Clerk, 70, 232; Reimburfed,
25. 40, 57. 361-
David, A flave, 121.
David, Rev. Peter, Letter from, xlvi.
Davies, Nicholas, Petitioner, 116, 241, 279.
Davis, David, Vote queftioned, 87.
Davis, Ifaac, 126.
Davis, John, Petitioner, 163.
Davis, Nicholas, 81, 275; Petitioner, 77.
Davis, Thomas, 126.
Davis, Thomas, Jr., 126.
Davis, William, 87.
Deans, James, Executor, 237.
Debtors, Bill concerning, 276, 278, 282, 285, 287,
289, 291, 293, 298, 299, 301, 306, 342, 351,
353-
Deep River, ix.
Deering, Everhart, Reimburfed, 113.
Delawar, Town of, 11.
Delaware Indians, xi, xii, xiv, xxiv, 324.
Delony, Henry, Petitioner, 348, 358.
Denny, Governor [William], xi, xii.
Deferters, Bill concerning, 37, 38, 39, 40, 41, 42, 54,
55. 56. 57, 58-
Dettingen Parifh, Minifter, 121; Petition, 99.
Dewberry, Samuel, 86.
Dewberry, Samuel, Jr., 90, 96; Vote queftioned, 86.
Diana, A fhip, xvi.
Dick, A flave, 121.
Dick, Rev. Archibald, Claimant, 136, 141; Reim-
burfed, 136.
Dickenfon, Capt. John, 324; Petitioner, 215, 219,
220, 334; Reimbtirfed. 220.
Dickfon, John, Member of Affociation, Ixxiv.
Difficult Rvm, 341.
Digges, Dudley, Burgefs, 4, 8, 32, 46, 64, 68, 69, 70,
125, 202, 226, 230, 305, 314.
Digges, William, Burgefs, 4, 8, 32, 42, 46, 57, 58, 64,
68, 69, 170, 202, 226, 230.
Dinwiddie, Governor Robert, xviii, 80, 115, 232.
Dinwiddle County, 99; Bath Parifh, 207, 209, 217,
218, 219, 222; Burgefs, 3, 31, 45, 63, 169, 201,
225, 313; Col. Robt. Boiling's Warehoufe, 76,
108; Petition, 78, 82, 83, 108, 109, iii, 112,
315, 329; Writ for eledling burgeffes, 19.
Dipple, A flave, 121.
Dix, John, Petitioner, 250; Reimburfed, 259.
Dix, Tandy, Claimant, 71.
Dixon. John, Petitioner, 267, 268, 275.
Dixon's Warehoufe, Infpedlor reimburfed, 153.
Dodfon, Rawleigh, 128, 130.
Doggett, Richard, Claimant, 135; Petitioner, 274,
276; Reimburfed, 135.
Dogs, 296.
Dogue's Rim, 341.
Don, John, Claimant, 113.
Donaldfon, Jofeph, Petitioner, 119, 135.
Donnelly, John, Petitioner, 266; Reimburfed, 268.
Dony, John, Petitioner, 7, 10.
Doorkeepers, Appointed, 7, 34, 49, 67, 173, 205, 229;
Reimburfed, 219.
Doran, Thomas, Account of, 252.
Dorden, Mofes, Claimant, 81.
Douglas, Thomas, Member of Affociation, Ixxiv.
Douthitt, Thomas, Account of, 340.
Dowell, Nehemiah, 126.
Dowrant, Matthew, Petitioner, 265, 268.
Drake, Thomas, Petitioner, 133, 236, 238.
Drew, Dolphin, Burgefs, 201 202, 225, 231, 313.
Dryfdale Parifh, Bill concerning, 51, 52, 54, 55, 58;
Petition, 49.
Duck River, ix.
Dudgeon, John, 153.
Diiffy, Patrick, Accufed of murder, xxiii.
Duke of Cumberland, Ixxii, Ixxvi.
Dumfries, 105, 123, 126, 127, 139, 238; Bill to en-
large, 17, 21, 22, 23, 27, 176, 177, 184, 187,
194, 196; Courthoufe, 130; 'Town of, 14; Peti-
tion, 99, 102.
Dunbar, Rev. Henry, Letter from, xlvi.
Duncanfon, James, 152; Annual allowance, 159, 166;
Memorialift, 154; Reimburfed, 154.
Dunkard, Bottom, 275.
Dunkers Bottom. 70, 79.
Dupree, Jofeph, Claimant, 134.
Durham, John, Claimant, 232.
E.
Earl of Halifax, 228, 241, 250.
Eamfhaw, John, Petitioner, 301.
Eafton, xi, xii.
Edifto River, ix.
Edling^on, William, 134.
Edmondfon, James, Member of Affociation, Ixxiii.
Edmondfon, John, Member of Affociation, Ixxiii.
Edmondfon, John, Jr., Member of Affociation, Ixxiv.
Edmunds, John, Burgefs, 4, 32, 46, 64, 170, 202, 226,
231. 314-
Edmunds, Nicholas, Commiffioner, 15, 74, 92.
Edmunds, William, 97.
Edwards, Nathaniel, 15, 92; Commiffioner, 74.
Edwards, Thomas, 108, 254; Claimant, 205, 244.
Edwards, William, 92; Claimant, 205, 244; Peti-
tioner, 1 01.
Egremont, Earl of, 47, 49, 66.
Elgin, A flave, 121.
Elizabeth City County, 16, 73, 86; Back River, 279,
280, 283, 346, 347; Bill concerning, 274, 278,
279, 283, 293, 29s; Burgeffes, 3, 9, 15, 18, 31,
37. 45. 63, 73, 75. 86, 90.. 94, 96, 169, 201,
210, 225, 313; Elizabeth City Parifh, 89, 95;
Elizabeth River, 261; Exempt from payment
of ferriage, 309; Petition, 77, 149, 242, 258,
339, 342, 343; Reprefentation, 268; Writ for
eledling burgeffes, 19.
Elizabeth City Parifh, 149; Re(5lor, 89, 95.
Elizabeth River Parifh, 183; Empowered to pur-
chafe land 209, 210, 216, 218, 222; Petition,
182, 206, 243, 274.
Elliott, John, Petitioner, 351.
Ellyfon, Gerard, Claimant, 81.
Emerfon, James, Member of Affociation, Ixxiv.
Emmerfon, Henry, Annual allowance, 186; Peti-
tioner, 179, 186.
[ 373 ]
England, xvii, xix, xx, xxxii, Ixiv, 212, 235, 339,
:!6o;Bankof, 190; Church of, xlv, xlix, lii, liii;
Hoiife of Commons in, Ixvi; Privy Council, liv.
Englifh, xi, xii, xxxvii; Dominions, 235; Language,
Ixiv; Standard, 8; Scales and meafures, 72,
97, 120.
Knocks, Henrv, Account of, 340.
Eppes, Francis, Sergeant at Arms, 192, 219, 361;
Reimburfed, 25, 40, 57. 192. 2'9. S^i-
Eppes, Richard, Burgefs, 3, 31, 45. 63, 97, 99, 169,
182, 201, 225, 230; Deceafed, 315; Succeffor
eledled, 226.
Efdale, John, 320, 321.
Effex County, 10, 316; Burgeffes, 3, 31, 45. 63, 169,
201, 225, 313; Layton Warehoufe, 75, 79, 82;
Petition, 36. 75, 79, 82, 250, 256, 273; Rappa-
hannock River, 327; Writ for electing bur-
geffes, 19.
Eftes, Robert, Claimant, 134.
Europe, xvii, xxvi; Salt from, 159, 161.
Euftace, Hancock, Member of Affociation, Ixxiv;
Petitioner, 207, 211.
Euftace, John 241.
Evans, Richard, Claimant, 213.
Everard, Thomas, Clerk, 70, 232, 305; Reimburfed,
361.
Ewell, Bertrand, 14. 120. 122, 123, 126; Appear at
the bar, 272; Arrefted, i32;Mifdemeanor, 131;
Petitioner, 133, 137; Petition concerning, 139,
242, 244,290.
Eyre, Littleton, Petitioner, 237, 245.
Eyre, Severn, Petitioner, 237, 245.
Face, William, 88.
Fairfax, Lord, 72, 79, 91, 99-
Fairfax Cotmtv, 121, 261; Alexandria, 90, iii, 114,
117, 120, 165, 246; Burgeffes, 3, 31, 45, 63,
145, i6g, 201, 225, 276, 286, 313; Cameron
Parifh, 116; Colchefter, 99; Court Day
altered, 278, 284, 285, 295, 308; Gaol, 105;
Hunting Creek Warehoufe, 132; Militia, 98,
III, 114; Occoquan, 99; Petition, 99, 102;
Truro Parifh, 23, 75, 117, 136, 233, 236, 238,
239. 273. 3°8. 346. 347, 348, 350. i(>S' Writ
for ele(5ling burgeffes, 19.
Fairfax Parifh, Petition, 341.
Fairs, 273.
Falmouth, Ferry keeper, 150; Petition, 357, 267;
Settlement encouraged, 279, 284, 292, 295,
309; Town of, 275; Warehoufe, Infpecftor
reimburfed, 153.
Falmouth Wharf, 268, 275.
Famell, Francis, Claimant, 219, 244.
Farrar, Abel, Claimant, 260.
Faucet, Samuel, Claimant, 71.
Favmtleroy, Moore, 267; Member of Affociation,
Ixxiii.
Fauquier, Governor Francis, x, xi, xv, xxiv, xxv,
351 ; Addrefs from burgeffes, xxxvii; Addrefs
to burgeffes, xxvii, xxviii, xxxv, xxxyi;
Letter from, xiii, xiv, xv, xvi, xvii, xviii,
xix, XX, x.xi, xxii, xxv, xxvi, Iviii; Letter tp
B. of T., xxix, xxxiv, Lxvii, Ixix, Ixx, Ixxi,
Ixxii; Proclamation, Ixxv. See Governor.
Fauquier County, 80, 108, 121, 254, 255; Burgeffes,
3, 20, 26, 31, 45, 63, 145, 169, 201, 225, 263,
313; Carter's Run, 121 ; Commiffioners report,
23s; Court day altered, 278, 284, 285, 290,
292, 295, 308; Hamilton Parifh, 99; Militia,
262; Money levied, loi; Petition, 91, 97, 233,
246; Writ for eledling burgeffes, 19.
Fergufon, Elizabeth, 128.
Fergufon, Jofeph. 128.
Ferriage Rate, 90, no, 274, 278, 279. 283, 293.
Ferries, A(fl to appoint, 299; Eftablifhed, 148, 156,
158, 159, 161, 164.
Ferry, Eftablifhed, 102, 217, 219, 220, 222, 228, 301,
3°8, 333. 335, 337. 338. 363; Keeper, 150;
Petition to eftablifh, 71, 77, 79, Si, 94, 114,
116, 211, 237, 241, 245, 246, 261, 275, 279,
329; Public, 70, 136, 149.
Field, John, Burgefs, 3, 31, 45, 63, 69, 169,201, 225,
Field, Capt. John, 244, 247, 248; Account ot, 195;
Company reimburfed, 142; Petitioner, 134,
141; Reimburfed, 253.
Fine Creek, 307.
Finley's Point, Petition for warehoufe, 109.
Finnie, Rev. Alexander, Letter from, xlvi.
Fifh, 78, 82, 106, no, 116, 154,156, 164, 182, 258,
266, 275, 279.
Fifher Ebenezer, Member of Affociation, Ixxiv.
Fifher's Landing, Tobacco infpedlion, 108, 112.
Fitzhugh, William, Burgefs, 4, 32, 46, 64, 69, iii,
128, 170, 202, 226, 255, 314.
Fitzpatrick, John, Petitioner, 7, lo.
Fitzpatrick, Thomas, Claimant, 11, 75.
Flat Rock, ix.
Fleming, John, Burgefs, 3, 31, 35, 42, 45. 57. 63, 69,
81, 156, 157, 158, 159, 164, 169, 201, 214, 215,
218, 225, 239, 257, 278, 289, 294, 300, 305,
313, 316, 320, 324, 351, 355, 357, 358, 361.
Fleming, Capt. William, Petitioner, 94, 102 , 106,
237-
Fleming, Dr. William, x.xiv.
Flood, William, 206; Member of Affociation, Ixxiv.
Floumoy, Samuel, 318; Reimburfed, 326.
Flower. 296, 297, 298; Adl to infpeeft, 93, 124, 144;
Infpedled, 151, 154, 156, 157, 158, 164, 328,
ii^, 348, 353. 355. i(>i-
Floyd County, Court Houfe, ix.
Fluvannah River, 116; Ferry acrofs, 77, 81, 116
241, 264, 266, 279.
Fontaine, "Memoirs of a Huguenot Family, " xlviii.
Forbes, General, xi, xiii, 112; Deceafed, xii.
Ford, John, Claimant, 232.
Foreign Coin, 190.
Forge, Chefterfield, Accoimt of, 98.
Forgey, Robert, 126, 130.
Fort Bedford, 296, 297.
Fort Blackwater, 261.
Fort Chifwell, 211, 213, 244.
Fort Cumberland, xx, 81, 115, 296, 297, 298.
Fort Dinwiddie, 254.
Fort Dunlop, 215, 220.
Fort d'Etroit, 68.
Fort Duquefne, xi, xiv, 68, in, 115, 117, 118, 122,
131. 134. 142, 179. 207.
Fort Foreman, 297.
Fort George, 236.
Fort Lewis, x, xvii, 33.
Fort Ligonier, 98, 152, 179, 181, 324.
Fort Loudoun, ix, 57, 112, 119, 139, 148, 160, 162.
Fort Madison, 262.
Fort Oreftes, 93.
Fort Pearfcall, 114.
Fort Pitt, xiii, 100.
Fort Prince George, ix.
Fort Stanwix, xv, xvii.
Fort Vaufs, 339.
Fort Young, 254, 324.
Fofter, Anthony, Claimant, 219, 244.
Fofter, Stephen, Petitioner, 163.
Foufhee, Francis, Member of Affociation, Ixxiv.
Fox, Richard, 102.
France, 49.
Francis, Thomas, Doorkeeper, 7, 49, 192, 219, 361;
Reimburfed, 25, 40, 57, 192, 219, 361.
Francks, Henry, Member of Affociation, Ixxiv.
Frank, A flave, 121.
Frafer, William, Petitioner, 149, 242, 261.
Frafer's Ferry, Landing place, 278, 279, 283, 309
Frafier, William, Petitioner, 136.
Frafier's Ferry, Bill to eftablifh landing, 266.
Frederick, County 247; Accounts and claims, 91;
Burgeffes, 3, 31, 45. 63, 169, 201, 225, 313;
Commiffioners report, 235; Frederick Parifh,
72, 102, 143, 148, 161, 162, 163, 165; Meck-
lenburg, 106, no, 114, 120, 165, 316, 329,
333. 335. 337. 338. 363; Militia, 262, 296;
Petition, 12, 134, 182, 243, 258, 325; Shep-
herd's Town, 90; Strafburg, 17, 21, 23, 25,
26; Writ for electing burgeffes, 19.
Frederick Parifh, Empowered to fell, 143, 148, 161,
162, 163, 165; Petition, 72, 102; Reimburfed,
354.
Frederickfburg, 92, 123, 163, 255, 261, 280; Adl to
enlarge, 176, 177, 184, 187, 194, 196; Roy-
ton's Warehoufe, 78; Warehoufe infpedtors
reimburfed, 153.
Frederickfville Parifh, xlvii.
Freeholders, Petition, 81.
Freight, Bill concerning, 81, 84, 100, 109.
French, X, xii, xiii, in, 117.
"Friends of Government, " liv.
Fry, Henry, Burgefs, 225, 226, 286, 313, 315; Eledlion
queftioned, 285, 286.
Fry, John, Burgefs, 3, 31, 45. 53- 63, 152, 169, 201;
Coroner 229; Succeffor eledted, 226.
Fry, Col. Jofhua, xiv, 179.
L 373 ]
Fulham, xlviii.
Fulling Mill, 343. 346, 347.
Fuqua, William, Petitioner, 264; Reimburfed, 267.
Furs, Provifions againft frauds, 143, i6o, 162, 163,
164.
G.
Gaddis, John, Account of, 340.
Gage, General, Kviii, xix, 203, 204, 205, 212, 332, 339.
Gale, John, Annual allowance, 284.
Galldhew, John, Claimant, loi.
Gallery, Erected, 233.
Gait, James, Annual allowance, 214; Gaoler, 35, 133,
179, 214, 273; Petitioner, 20, 35, 53, 133,
179, 214, 273; Reimburfed, 273.
Gait, Lucy, Petitioner, 194; Reimburfed, 40, 195,
196, 197, 361.
Gaming, Bill to prevent, 119, 122, 157.
Gaol, 136; Caroline County, 97; County, 71, 119,
237; Keeper, 35, 53, 105, 133, 214, 273;
Public, 20, 35, S3, 133, 179, 214, 282, 331;
Repaired, 337, 361, 364; Quebec, iii.
Gaoler, xxiii; Petition, 144.
Gary, William, Claimant, 205, 244.
Gatefville, Tobacco infpe<ftion, 315.
Gatewood, John, Petitioner, 71, 102; Deceafed, 71.
George II, 70, 93, 96, 116, 120, 123, 125, 132, 133,
248, 249,
George III., xxiv, Uv, Ixvi, Ixxii, Ixxiv, 302.
Georgia, 103; Augufta, xLx.
German Empire, Gold coin, 141, 155, 156, 164.
Gibfon's Warehoufe, Infpedlors petition, 176, 242,
244, 284.
Gilbert, A Have, 97.
Gift, Chriftopher, li, Iii, 103; Adminiftrator's
claim, 136.
Gift, Thomas. Annual allowance, 186, 187; Peti-
tioner, 52, 54, 175, 186; Reimburfed, 55, 58.
Gladdin, John, Claimant, 23, 75.
Gloucefter County, 98; Account, 123; Burgeffes,
3. 31. 45. 63, 144, 169, 201, 217, 225, 313;
Court day altered, 188, 192, 193, 196, 220,
221, 222; Gloucefter Town warehoufe, 141;
Jiiftices petition, 132; Juftices reimburfed,
141, 330; Writ for elecfting burgeffes, 19.
Gloucefter Town, Tobacco Infpeftion, 132; Ware-
houfe, 141.
Godfrey, Matthew, 274, 284, 363; Bill concerning,
293; Deceafed, 182; Donation of, 300, 301;
Will of, 243.
Godwin, Thomas, Infpedlor and petitioner, 335;
Goff, George, 353.
Goff, William O'Bryan, 351, 353.
Gold, xxxviii; Coin, 84; Bill to regulate, 141, 155,
156, 164.
Goochland County, 318; Burgeffes, 3, 31, 45, 63,
169, 201, 225, 313; Petition, 135, 145; Writ
for elediing burgeffes, 19.
Goode, Bennett, 320, 321; Reimburfed, 326.
Goodwin, Peter, Petitioner, 211, 221: Reimburfed,
221.
Goore, Charles, Letter from, 362,
Gordon, Archibald, Commiffioner, 290.
Gore, Lieutenant, 248; Reimburfed, 253.
Governor, Addrefs from burgeffes, xviii, xxviii, xxx,
xxxi, xxxii, xxxiii, xxxiv, 9, 37, 49, 68, 124,
173, 188, 189, 190, 191, 192, 206, 212, 229,
249, 250; Meffage to burgeffes, 6. 26, ^^, 40,
42, 47, 52, 58, 76, 133, 138, 142, 175, 194, 196,
203, 210, 211, 216, 221, 227, 235, 252, 287,
308, 332, 336, 344, 362; Meffage to Council,
65; Speech to burgeffes, 13, 14, 18, 24, 27, 58,
65, 66, 67, 171, 197, 203, 204, 222, 227, 228.
See Francis Fauquier.
Grant, Colonel, x, 52, 68, 175, 179.
Grant, Peter, Member of Affociation, Ixxiv.
Gray, Jofeph, Burgefs, 4, 32, 46, 53, 64, 84, iii, 170,
202, 208, 210, 218, 219, 226, 314, 327, 335.
Gray's Creek Warehoufe, Infpecflors, loi, 153.
Grayfon, Benjamin, 126.
Grayfon, William, Member of Affociation, Ixxiii.
Greagh, John, Petitioner, 240.
Great Britain, x, xv, xxvi, xxvii, xxx, xxxii, xxxiii,
xxxiv, XXXV, xxxvi, xxxvii, xxxviii, liii, liv,
Ivi, Ivii, Iviii, Ixiv, Ixv, Ixvi, Ixviii, Ixxi, Ixxii,
Ixxiv, Ixxv, Ixxvi, 37,39,51, 115, 124, 171,
172, 181, 188, 190, 191, 192, 197, 204, 205,
227, 240, 249, 252, 257, 264, 294, 303, 350,
357 358, 360; Heir to throne, 67, 68.
Great Iron Mountain Range, ix.
Great Jamie, A flave, 121.
Great Meadows, 179, 186.
Great Sawney, A flave, 121.
Green, Jonas, 1.
Green, Mofes, Claimant, 262.
Greenbrier River, xiii, xv.
Greenhill, Ambrofe, Claimant, 56, 75.
Greenhill, David, Burgefs, 3, 13, 31, 45, 63, 70, 169,
201, 225, 251, 314; Sheriff of Amelia, 315.
Gregg, Elizabeth, 261.
Gregg, John, Lands docked, 274, 276, 289, 299, 301,
363; Petitioner, 185, 243, 261.
Gregg, Mathew, 261.
Gren\alle, George, Minifter, liv; Refolutions con-
cerning ftamp adt, Ivui.
Grift MiU, 78, 182, 243, 343, 346, 347; Petition to
eredl, 112.
Grubbs, Mr., Freeholder, 272.
Grymes, Benjamin, Burgefs, 4, 8, 19, 32, 35, 46, 64,
170, 176, 184, 187, 194, 202, 226, 230, 240,
258, 262.
Guilford Warehoufe, Petition, 105, 109.
Gun, 237.
Gtinn, James, Accounts, 80; Petitioner, 187, 195;
Reimburfed, 195, 196, 197, 244.
H.
Halcomb, Philemon, Petitioner, 330.
Halifax, Earl of, 228, 241, 250.
Halifax Coimty, 181, 244, 314; Accounts, 118;
Antrim parifh, 240, 279, 293, 295, 309;
Burgeffes, 3, 31, 45, 63, 169, 201, 225, 226,
288, 290, 313; Claim, 253; Petition, 83, 109,
111, 182, 243, 258, 315; Writ for elediing
burgeffes, 19, 229, 317.
Hamilton, James, Burgefs, 3, 31, 45, 63, 70, 169,
201, 225, 231, 313, 335.
Hamilton, James, Governor of Pennsylvania, x, xi,
xiii, xvi.
Hamilton, John, Deceafed, 255, 267.
Hamilton, Robert, Petitioner, 216.
Hamilton, Parifh, Petition, 99.
Hammond, William, Claimant, 71.
Hampfhire County, 182, 247, 248, 253; Burgeffes,
3, 31, 45, 63, 64, 169, 201, 225, 313; Com-
miflioners report, 235; Hampfhire Parifh,
91, 97, 104, no, 112, 120, 165; Lieutenant,
331; Line, 243, 258; Militia, 248, 262, 296;
Pearfall's Level, 91; Petition, 72, 79, 91, 97,
99, 134, 183, 243, 258; Romney, 100, 105,
144, 148, 154, 164; Writ for electing burgeffes
19, 67.
Hampfhire Parifh, Bill to diffolve veftry, 104, no,
112, 120, 165.
Hampton, 237, 245; Petition, 330.
Hampton River, 274, 278, 279, 283; Petition, 261.
Hancock, George, 14.
Handy, William, 278.
Hannah, A flave, 121.
Hanover, Bill to eftablifh town, 151; EftabUfhed,
156, 158, 159. 165.
Hanover Covmty, li, 10, 11, 239, 272, 331; Burgeffes,
3> 31. 45, 63, 144, 169, 201, 202, 225, 232, 235,
272, 291, 313; Coroner, 205; Hanover, 151,
156, 158, 159, 165; Newcaftle, 255; Page's
Warehoufe, 149; Petitioner, 252, 258; Writ
for elediing burgeffes, 19, 205, 232.
Hanover Parifh, Bill concerning, 7. 10, 12, 21, 22, 27.
Hanfbrough, William, Claimant, 210, 244.
Harding, Charles, 129, '130.
Harding, Martin, Claimant, 80.
Hard Labor,' xv, xvii.
Harmanfon, John, Biu-gefs, 3, 31, 45. 63, 69, 169,
201, 225, 231, 313, 335, 344-
Harper, George, 128, 129, 130.
Harrie, William, 334.
Harris, Charles, Claimant, 71.
Harrifon, Benjamin, Burgefs, xxix, 3, 8, 31, 45, 63,
67, 68, 69, 70, 123, 143, 151, 152, 159, 160,
162, 169, 176, 181, 201, 208, 210, 225, 230,
231, 254, 257, 263, 264, 305, 313, 338, 350,
351, 353; Petitioner, 85, 123.
Harrifon, Carter Henry, Empowered to eredl mill,
141, 160, 162, 163, 165; Petitioner, 112, 116;
Reimburfed, 326.
Harrifon, Nathaniel, 122.
Harrifon, Nathaniel, The Younger, 278, 292, 295;
Lands docked, 266, 268, 309, 325, 326, 336,
338, 344; Petitioner, 121, 264, 325.
Harrifon, Thomas, Burgefs, 3, 31, 45. 63, 69, 127,
154, 169, 201, 225, 231, 313, 332, 335; Claim-
ant, 77.
[ 374 ]
Harrifon, William, Claimant, 8i; Petitioner, 284.
Hart, Robert, Teftimony of, 272.
Hart, Silas, High Sheriff, xxi.
Hanvood, Peter, Claimant, 78.
Harwood, William, Burgefs, 4, 32, 46, 64, 69, 170,
202, 226, 230, 231.
Hatton, Walter, Petitioner, 301.
Havannah, 261.
Hawkins, John, 151.
Hawmach, Daniel, Claimant, 232.
HajTies, Henrj', 278.
Haynie, Anthony, 128.
Haynie, Bridgar, 128.
Haynie, Spencer, 128. .
Heal, George, Lands vefted in, 288, 293, 295; Peti-
ioner, 108, 254; Slaves vefted in, 260, 263,
309-
Heal, John, Deceafed, 108, 254.
Hedges, Silas, Account of, 340.
Hedges, Provifion againft, 326.
Helm, Leonard, 127, 130.
Hembrie, James, 182.
Hemp, Inftructions for making, 362.
Henderfon, John, Commiffioner, 286.
Hening, Statutes at Large, viii.
Henrico County, Burgeffes, 3, 31, 32, 45, 63, 169, 201,
225, 313; Clerk reimburfed, 327; Covirt, 319;
Under Sheriff, 331; Writ for electing bur-
geffes, 7, 19.
Henry, Rev. Patrick, Letter from, xlvi.
Henry, Patrick, Ixvii, Ixvi, lii, 271, 322; Burgefs,
313,345; Coimfel, liii; Endorfement of, Oppo.
p. xvi.; Lawyer, xlvii, li, lii; Refolutions
againft ftamp'acft, Ixiv, Ixv, Ixvi.
Hickie, John, Claimant, 71.
Hickman, John, Account of, 232.
Hicks, William, Claimant, 52, 53, 75.
Hides, 327; Exempt from duty, 347. 353. 355. 356,
363.
Hite, Abraham, Accoimt of, 340; Petitioner, 331.
Hite, John, Commiffioner, 251.
Kite's, Jacob, Mill, 296, 298.
Hitt, John, 97.
Hix, Nathaniel, Doorkeeper, 7, 49. 192. 219. 361;
Reimburfed, 25, 40, 57. 192, 219, 361.
Hodges, Richard, Member of Affociation, Ixxiv.
Hog, Captain, 332.
Hog Neck W^arehoufe, 72, 97, 108, 112.
Hogs, 76, 90, 105, 113; A(5l concerning, iii, 138,
139, 165, 329, 345; Bill concerning, 330, 335.
338, 341; Freedom reftridled, 257.
Holman, James, 318, 319.
Holfton River, x, xiv, xviii, 6.
Holyday, James, Accoimt of, 340.
Hood's Warehoufe, Petition to difcontinue, 264.
Hooe, Howfon, Complaint againft, 129; Sheriff, 23,
75. 8°-
Hopkins, Arthur, Commiffioner, 2S6.
Horfes, 105.
Hofpital, Regimental, 275.
Howell, James, Claimant, 135.
Hoyftead, Robert, 127.
Hu'bard, Frances, Petitioner, 147, 327.
Hubard, James, Lands vefted in, 150, 154, 156, 158,
i6i, 165, 331, 344. 347. 350. 363; Petitioner,
147. 327-
Hubbard, Edward, Petitioner, 187, 193, 210, 212;
Reimburfed, 218, 244.
Hudfon's, A tracft of land, 16.
Hughes, Edward, 128, 130.
Hughes, James, Petitioner, 182, 243, 244; Reim-
burfed, 262.
Hughes, Robert, 319, 321, 322.
Hughes, William, Claimant, 262.
"Hviguenot Family, Memoirs of," xlviii.
Hull, Richard, Burgefs, 31, 32, 45, 63, 69, 169, 201,
225, 231, 313.
Hundley, Jacob, Teftimony of, 271.
Himter, Mr. Deceafed, 11.
Hunnicutt, Robert, Petitioner, 77, 83.
Hunter, William, Claimant, 83.
Hunting Creek, Finley's Point, 105, 109; Ware-
houfe, Infpedlors reimburfed, 153; Petition,
132.
Hurft, Howard, 243, 258.
Huf tings Court, J^irifdidlion enlarged, 326.
Hutchings, Daniel, Petitioner, 185.
Hutchings, Jofeph, Burgefs, 3, 20, 31, 45, 63, 70, 169,
183, 184, 201, 225, 247, 293, 313.
Hyco River, 182, 243; Mill on, 258.
I
lanaffee River, x\Tii.
Her, Adolph, Account of, 98.
Indian, Boundary, ix; Com, 66; Country, 299; Facflo-
ry. 354, 356, 357, 359, 361; Goods, 280, 299;
Towns, 296.
Indians, viii, x, xi, xvii, xviii, xx, xxiii, Ivii, 13, 18,
22, 39, 42, 52, 68, 71, 80, 81, 84, 91, 100, 103,
112, 113, 118, 119, 136, 154, 17s, 186, 203,
204, 208, 209, 211, 214, 215, 219, 228, 248,
249, 253, 281, 287, 289, 298, 325, 331, 354;
A(5t concerning, 330, 332, ssr^^ 34i.. 343. 345.
363; Addrefs by Gen. Moncfton, xii; Addrefs
by Gen. Stanwix, xii; Bill concerning, 261,
286, 317; Cherokee, xxi, xxiv, Ixviii, 336;
Chippawa, xi; Cufculkie, xi; Delaware, xi,xii,
xxiv, 324; Incurfions, 206; Interpreter, 213;
Katawba Nation, ix; Kecopes, xii; Meeting
at Pittfburg, xi; Minifmk, xi; Mohickons, xi;
Mufquake, xii; Nottoway & Nanfemond, 217,
218; Nottoway and Tufkarora, 115; Ohio, xx;
Opie, xi; Ottaw, xi; Petition, 208; Putewa-
timies, xi; Shawanefe, xi, xii, xxiv, 339;
Six Nations, viii, ix, x,, xi, xii, xiii, xiv, xv,
xviii, xix; Spocky, xii; Trade, 143, 356, 357,
361, 362; TwightAvees, xi; Wyndot, xi, xii.
Ingles, John, 136.
Ingles, AVilliam, 71, 232, 298; Petitioner, 70, 79.
Ingraham, Archibald, 321.
Innes, Hugh, Commiffioner, 290.
Infolvent Debtors, xxxiii, 148, 164, 181, 187, 188,
191, 194, 196, 204; Acft for relief of, 151; Bill
concerning 105, 118, 140, 145, 183.
Infolvent Law, 171, 173, 174.
Infurrecftions, Provifion againft, 93, 119, 157, 158,
159, 164, 249, 262, 263, 287, 288, 308.
Invafions, Provifion againft, 93, 119, 157, 158, 159,
164, 249, 262, 263, 288, 308.
Ireland, 235.
Iron W^orks, 207.
Irvin, William. Petitioner, 274, 276, 280; Reim-
burfed, 280.
Irwin, Thomas, Petitioner, 151.
Ifle of Wight County, 76; Burgeffes, 3, 31, 45, 63,
169, 201, 202, 225, 313; Petition, 79; Report
on writ for electing burgeffes, 232; Sheriff,
205; Writ for electing burgeffes, 19, 205.
J
Jackson, Francis. Annual allowance, 259; Peti-
tioner, 254; Reimburfed, 259.
Jackfon, River, 2 78.
Jacob, Robert Clark, Petitioner, 316, 324.
James I, Ixiv, Ixvi, 360.
James, John, Claimant, 71.
James City County, Burgeffes, 3, 31, 45, 63, 154, 169,
201, 210, 225, 313, 357; Hog Neck Ware-
house, 112; Juftices petition, 108, 112; Peti-
tion, 72, 97; Sheriff's claim, 135; Writ for
ele(5ting l3urgeffes, 19.
James River, liii, 72, 275, 301, 318, 326, 330, 335;
Bridge over, 136, 144, 147, 152, 154, 155, 157,
165; Falls cleared, 327, 349, 355, 356, 363;
Ferry over, 94, 114; Petition, 327.
Jamestown, 94, 114; Burgeffes, 3, 31, 45, 63, 169,
201, 225, 313; Tobacco infpecftion, 72, 97;
Writ for electing burgeffes, 19.
Jefferfon, Thomas, Ixvi; Accoimt of adlion againft
ftamp a(ft, Ixv.
Jeffries, Richard, Member of Affociation, Ixxiv.
Jenkins, William, 38; Petitioner, 36, 37; Reim-
PV- burfed, 41, 42.
Jennings, Charles, 88, 95; Commiffioner, 16, 73.
Jenny, A negro, 319.
Jett, Thomas, Member of Affociation, l.xxiv.
Joan, A flave, 121.
Joe, A negro, 319, 320.
Johnfon, Philip, Burgefs, 3. 31, 45, 63, 69, 169, 201,
22s, 230, 240, 289, 313.
Johnfon, Thomas, lii; Suit againft, xh'ii.
Johnfon, Thomas, Burgefs, 3, 31, 45, 54, 63, 77, 169,
201, 211, 221, 225, 269, 313.
Johnfon, William, Burgefs, 3, 31, 45, 63, 109, 169,
201, 225, 269; Coroner of Louifa, 3is;Succef-
for elected, 314.
Johnfon, Sir William, xii.
Johnfon's Ferrj% 341.
[ 375 ]
Johnfton, George, Burgefs, 3, 31, 45, 53, 63, 69, 100,
III, 117, 121, 125, 138, 150, 156, 169, 201,
225, 230, 233, 236, 239, 313, 361.
Johnfton, Richard, Petitioner, 35, 36.
Johnfton, Robert, Surgeon, 278, 289.
Johnfton, Walker, Claimant, 344.
Jones, Mr., King's Attorney, xxiii.
Jones, Allen, 208, 269; Lands vefted in, 210, 212,
217, 220, 222, 277, 278, 283, 293, 295, 309.
Jones, James, Claimant, 210, 244.
Jones, John, 88.
Jones, Peter, Petitioner, 137, 144.
Jones, Rice, 330, 334, 336, 338, 346, 363; Petitioner.
327-
Jones, Richard, Claimant, 56. 75.
Jones, Thomas, Member of Affociation, Lxxiii.
Jones, Thomas, Jr., Petitioner, 163.
Jones, Thomas, Sr., Petitioner, 163.
Jordan, Matthew, Commiffioner, 286.
Jordan's Warehoufe, Tobacco infpecftion, 264;
Infpecftors, 328; Petition, 316.
Jofeph's Swamp, 264.
Jude, John, 321, 322; Reimbiorfed, 326.
Judy, A flave, 121.
Jvmiata, 130.
K.
Kanawha, River, ix.
Katawba Indians, ix.
Kecope Indians, xii.
Keeling, William, Claimant, 35, 75.
Keith, James, 296; Burgefs, 3, 31, 45, 64; Clerk of
county, 67.
Kelly, Winfon, 353.
Kenner, Francis, 126, 130.
Kenner, Rodham, Member of Affociation, Ixxiii.
Kenner, W'inder S., Member of Affociation, Ixxiv.
Kennon, William, Burgefs, 3, 31, 45, 63, 69, 169,
201, 225, 230, 313.
Kentucky, ix, xv, xvii, xxv.
Keowee or Old Town, ix.
Keowee Ri\-er, viii.
Keys, Gerfham, Account of, 98; Claimant, 114.
Kinchloe, Cornelius, 128.
Kinchloe, John, 128.
King, Henry, 96.
King, John, Accufed of murder, xx, xxiii.
King, Thomas, Oneida Chief, xi.
King & Queen County, 11, 277, 280; Bill to alter
court day, ro6; Bill to divide, 106, 110, 112;
Burgeffes, 3, 31, 32, 45, 63, 169, 201, 225,
313; Court day altered, 98, 112, 120, 165;
Divided, 98, 120, 165; Drj'f dale Parifh, 49, 51,
52. 54, 55. 58; Petition, 34, 72, 75, 97, 148,
250, 256; St. Stephen Parifh, 50, 51, 52, 54,
55, 58; Sheriff, 250; Todd's Warehoufe, 143,
153; Writ for eledling burgeffes, 7, 19.
King George County, 100, 187, 243; Burgeffes, 3, 31,
45, 63, 154, 169, 201, 225, 226, 313; Brunf-
wick Parifh, 147, 208, 327; Falmouth, 257,
267; Hanover Parifh, 7, 10, 12, 21, 22, 27;
Leeds, 180, 184, 187, 194. 197; Petition, 211;
Writ for electing burgeffes, 19, 229, 288.
King William Coionty, li, 10, 11, 260; Burgeffes, 3,
19. 31- 45. 63. 144, 169, 201, 225, 313; Peti-
tion, 266, St. David's Parifh, 72, 137; Writ
for eledling burgeffes, 19.
King's Street, 267, 275.
Kippen, George, 321.
Kippen and Company, 322.
Kirkum, Robert, 259.
Kvifkufky, xii.
Kuykendall, Abraham, Account of, 340; Petitioner,
215, 219, 220.
Kuykendall, Benjamin, Account of, 340.
Laforce, Renne, 318.
Laforce, Samuel, 319.
Lancafter, xiv.
Lancafter County, 254; Accounts of, 78; Burgeffes,
3, 31. 45. 63, 169, 201, 217, 22s, 263, 313;
Court day altered, 208, 209, 217, 220, 221,
222 ; Petition, 208 ; Writ for eledling burgeffes,
19-
Land Tax, 143.
Lane, Jos., Member of Affociation, Ixxiv.
Lane, Thomas, Claimant, ii, 75.
Langdon, Thomas, 119, 242, 276.
Lartham, Cornelius, Claimant, 193, 244.
Laubinger, George, Reimburfed, 113
Lavie, James, Doorkeeper, 7, 49, 192, 219, 361;
Reimburfed, 25, 40, 57, 192, 219, 361.
Lawfon, Chriftopher, Petitioner, 78, 83.
Lawyers, Bill concerning, 252, 316.
Layton's Warehoufe, 36, 79, 82; Infpecftion, 273.
Leach, James, 128, 130.
Lead, 237.
Leather Manufadlurers, Petition, 327, 338.
Lee, Francis Lightfoot, Burgefs, 3, 31, 45, 63, 69,
169, 201, 225, 230, 313, 325, 355; Member of
Affociation, Ixxiii.
Lee, Henrj', Burgefs, 4, 7, 13, 17, 20, 22, 24, 31, 45,
50. SI. 53< 55, 57, 63, 73, 75, 77, 80, 105, 104,
107, 126, 127, 129, 130, 149, 156, 169, 184,
185, 188, 201, 219, 225, 247, 274, 289, 292,
299. 305. 313, 344.
Lee, John, Burgefs, 3, 31, 45, 63, 69, 169, 201, 225,
T y-T^^'^vP^S. 330. 334, 3.35. 336, 339-
Lee, John, Jr., Member of Affociation, Ixxiii.
Lee, Richard, Burgefs, 4, 18, 32, 46, 64, 69, 170, 202,
206, 219, 226, 231, 282, 314, 335, 356.
Lee, Richard Henry, Burgefs, xxix, 4, 7, 8, 13, 18,
19, 20, 21, 24, 25, 32, 35, 36, 37, 38, 39, 4oi
41, 46, 64, 67, 68, 69, 84, 97, 99, 105, 107, 114,
115, 116, 118, 119, 121, 122, 125, 131, 138, '
144, 145, 146, 148, 150, 152, 155, 170, 175,
176, 180, 181, 183, 185, 187, 188, 192, 202,
206, 208, 209, 211, 213, 214, 215, 216, 226,
230, 231, 241, 247, 257, 262, 275, 276, 283.
287, 288, 290, 292, 294, 29s, 305, 314; Mem-
ber of Affociation, Ixxiii; Town on land, 91,
97-
Lee, Thomas L., xiv; Burgefs, 4, 32, 46, 64, 170, 175
182, 202, 226, 230, 314; Member of Affocia-
tion, Ixxiii.
Lee, William, Member of Affociation, Ixxiv.
Leeds, 180, 184, 187, 194, 197.
Leeds Town, 338; Affociation to oppofe ftamp a<fl,
Ixxii.
Legg, Fortimatus, 128.
Legrand, Peter, Burgefs, 3, 9, 15, 17, 19, 20, 31, 45,
63. 69, 73. 75. 83, 93, 140, 156, 158, 169, 201,'
225,231,313.
Leigh, Henry, Eledlion queftioned, 122, 125.
Leigh, John, Petitioner, 9, 15, 73, 75.
Leigh, Thomas, 79, 82.
Lemon, Thomas, 332. «»
Lenox, Mr., Petitioner, 334.
L'Epreuve, His Majefty's floop, xvii.
Lefter, Bryant, Petitioner, 273; Reimburfed, 276.
Levy, Colle(5lors, Suit againft, xlvii; County, 158,
120; Parifh, 120; Public, 157, 159, 160, 161,
164, 308, 333. 342, 343- 344. 345; Acfl to raife,
328, 335.
Lewis, Col. Andrew, xxi, xxii, xxiv, 13, 35. loo, 132,
242, 254, 336; Letter from, xx, xxiii; Memori-
alift. III, 117; Reimubrfed, 117, 146, 166.
Lewis, Capt. Charles, 249, 254; Petitioner, 332.
Lewis, Major, David, 264.
Lewis, Fielding, Burgefs, 4, 32, 46, 64, 69, 70, 170,
202, 226, 230, 231, 280, 314.
Lewis, John, Counfel, xlvii.
Lewis, Jofeph, Claimant, 119.
Lewis, Robert, Lands vefted in, 287, 289, 291, 292,
294, 296, 309.
Ley, Thomas, 36, 75.
Leyton's Warehoiife, 75.
Library of Congrefs, vii, viii.
Liquor, Duty on, 249, 254, 262, 263, 288, 308, 348,
351. 355.357.358,362.
Little Carpenter, xvii, 211.
Little Frank, A flave, 121.
Little Jamie, A flave, 121.
Little Jenny, A flave, 121.
Little Mofes, A flave, 121.
Littlepage, James, Burgefs, 202, 225, 231, 258, 260,
286, 294, 3^3' 315, 317, 319. .335. 338. 354,
355; Duly eledled, 272; Elecftion queftioned,
232, 235, 269, 270, 271, 272; Letter from, 270.
Littlepage Warehoufe, Infpedtor reimburfed, 153.
Little Roanoke River, 266, 275, 330, 335. See
Roanoke River.
Little Sawney, A flave, 121.
Littleton, William Henry, Governor of S. C, x.
Liverpool, 362.
Logan, Thomas, Member of Affociation, Ixxiv.
Logftown, xii.
Lomax, Lunfford, xiv, 135.
London, Bifhop of, xlviii, 1; Letter from.xlviii; Let-
ter to, xUi, xUii, xliv, xiv, xlvi.
[ 376 ]
London, T., Letter from, 1.
London, 301; Britifh Record Office, vii, viii; Mer-
chants XXX.
Long, Robert, Claimant, 71.
Lord Camden, Lvxiv.
Lord Townfend, Ixxvi.
Lords of Trade, 173, 188, 194, i97; Letter to, xlviii,
xlix.
Lords Spiritual & Temporal, Memorial of burgeffes,
Iv.
Loudoun Countv, 248; Bull Run, 16; Btu-geffes, 3,
20, 31, 45, 63, 145, 169, 201, 225, 313; Clerk,
114; Clerk's petition, 145; Commif Goners
report, 235; Court day altered, 278, 284, 292,
295, 308; Militia, 262; Petition, 99; Tnu-o
Parifh, 116; Writ for eledting burgeffes, 19.
Louifa County, 214, 314; AcSl to divide, 50; Bill to
alter court day, 53, 54, 55. 58; Burgeffes, 3,
31, 45, 63, 169, 201, 225, 286, 313; Coroner
eledled, 315; Court day altered, 285, 292, 295,
308; Frederickfville Parifh, xlvii; Writ for
elecfting burgeffes, 19. 3 '5. 359-
Lovatt, Lord Simon, liii.
Lovell, Richard, 70.
Lovell, Robert, Member of Affociation, Ixxiii.
Lovell, Sarah, Petitioner, 70.
Lowry, John, 89, 90, 96; Claimant, 98; Freeholder,
95-
Loyalifts Tones, liv.
Loyd, Thomas, Claimant, 34.
Lucas, Barton, Petitioner, 120.
Lucky Run, 129.
Lunderman, Abraham, Petitioner, 115, 118.
Lunenburg Coimty , Adi to divide, 138; Bill to divide,
108, 132, 240, 249, 251, 273; Burgeffes, 3, 31,
45, 63, 169, 201, 225, 313; Change in per-
fonnel, 170; Claim, 232; Cornwall Parifh, 104,
235; Coroner, 315; Coiu-t day altered, 148,
155, 156, 165; Cumberland Parifh, 104, 235,
328; Divided, 308; Militia, 276; Petition, 83,
91, 102, 104, 107, 109, III, 233, 235, 266, 275,
315, 328; Report on writ for eledting bur-
geffes, 232; Roanoke River, 290; St. James
Parifh, 104, 235; Sheriff, 354; Writ for elecfl-
ing btirgeffes, 19, 173, 315, 359.
Lyle, James, 319, 321, 322.
Lynch, Charles, Account of, 340.
Lynn, Michael, Petitioner, 13, 22.
Lyons, Mr., lii, liii.
Lyons, Peter, Lawyer, xlvii; Prefident of Va. Court
of Appeals, xlvii.
M.
McCarty, Daniel, Member of Affociation, Ixxiv.
M'Carty, Michael, Petitioner, 163.
M'Caul, Alexander, 319.
M'Caul, Samuel, Jr., 136.
M'Clanachan, Alexander, Petitioner, 332.
M'Clanachan, John, 247; Claimant, 262.
M'Cormack, William, 334.
M'Coun, Robert, Petitioner, 81, 84; Reimburfed, 84.
M'Culloch, John, Account of, 340.
McDonald, John, Petitioner, 92.
McDowell, Mr., H, lii.
M'Henry, Jofeph, Accotmt of, 340.
Machin, Thomas, 129.
Machotax Warehoufe. Infpecflor reimburfed, 153.
Maclin, John, Commiffioner, 15, 74, 92.
M'Mahan, Robert, Petitioner, 104; Reimburfed, 112.
M'Mahon, William, Claimant, 134.
M'Neill, John, Petitioner, 263.
McNelly, John, Petitioner, 240, 260, 262.
Macon, William, Teftimony of, 271.
Macrffi, Allan, Petitioner, 123, 139.
Magazine, Bill to difpofe of gunpowder, 137, 144,
147, 149, 164; Guard difcontinued, 78, 131;
Guardmen, 163; Keeper, 239, 306.
Malepradlice, 129, 130.
Mallory, John. Claimant, 17, 75.
Mallory, Johnfon, 89, 90, 96; Freedolder, 95.
Mallory, William, 88, 89, 95.
Man, W'illiam, Annual allowance, 259; Petitioner,
253; Reimburfed, 259.
Manufa(5tures, Encouraged, no, 119, 145, 148, 151,
154. 164.
Manwaring, William, Commander, 48. 66.
Maria, A flave, 121.
Markham, Bernard, Claimant, 205, 244.
Markham, William, Claimant, 205, 244.
Marlour, Richard, 122, 123, 126, 130.
Marfhall, Thomas, Burgefs, 3, 31, 45, 63, 70, 146,
169, 201, 225, 231, 313, 335.
Marfton, William, Claimant, 135.
Martin, Andrew, 127, 130.
Martin, Anthony, 318, 321 ; Reimburfed, 326.
Martin, John, Reimburfed, 326.
Martin, Matthew, 318.
Martin, Thomas Bryan, Commiffioner, 251.
Martinico Grenada, 261.
Martin's Brandon Parifh, 325, 326, 336, 338, 344;
Bill concerning, 78, 86, 91, 92; Bounds fettled,
121, 165.
Maryland, xiv, xlv, 70, 94, 105, no, 316, 329, 333,
335. 337. 338. 363; Annapolis, 1; Cedar Point,
90, 237, 246; Fort Cumberland, 296.
Mafon, David, Burgefs, 4, 32, 46, 64, 170, 202, 226,
231. 314,335-
Mafon, George, 126.
Mafon, Thompfon, Member of Affociation, Ixxiv.
Maffachufetts Bay, 233, 257.
Maffachufetts Government, 254.
Matox Warehoufe, Infpedtor reimburfed, 153.
Mattapony River, 242; Ferry over, 136, 149, 261;
Todd's Warehoufe, 148.
Mauger, Henry DuVal, Petitioner, 278, 289.
Maury, Col. Abraham, 181, 244.
Maury, Rev. James, lii; Siiit againft levy colletflors,
xlvii.
Maury, Rev. John, Letter to Camm, li, lii, liii; Plain-
tiff, xlviii.
Maxy, William, 323.
May, 'Thomas, Claimant, 55, 75.
Mayo, Philip, Burgefs, 31, 32, 45, 63, 69, 169, 201,
225. 313-
Mealy, Andrew, 332.
Mecklenburg, 33;}, 335, 337, 338, 363; Bill to eftab-
lifh, 106, no, 114, 120; Eftablifhed, 164;
Ferry, 316; Town of, 329.
Mecklenburg County, 348, 359; Burgeffes, 313, 358;
Writ for electing burgeffes, 359.
Medicine Cheft, 142, 144.
Meherrin River, 335.
Mercer, Colonel, xi, Ixix, Ixx, Ixxi, Ixxii, 179; Cufto-
dian of ftamps, Ixviii.
Mercer, George, Burgefs, 3, 31, 35, 41, 42, 45, 52,
63, 69, 91, 100, loi, III, 114, 117, 121, 140,
148, 152, 154, 156, 157, 160, 162, 169, 176,
180, 187, 201, 225, 231, 241, 283, 291, 305,
306, 313, 325; Petitioner, 125, 139; Reim-
burfed, 146, 165.
Mercer, Dr. Hugh, Account, 142; Claimant, 144;
Petitioner, 275; Reimburfed, 142, 144.
Mercer, James, Burgefs, 63, 64, 156, 160, 169, 201,
225, 275, 300, 305, 313, 331, 335, 336, 337,
332, m-
Merchants, Petition, 99, 100, 233, 234, 235, 316;
Reprefentation of , 245.
Meredith, Samuel, Claimant, 26, 75, 259.
Merewether's Warehoufe, Infpedtor reimburfed, 153.
Meriwether, Nicholas, Commiffioner. 286.
Meriwether, Reuben, Member of Affociation, Ixxiv.
Metcalfe, Diana 128.
Metcalfe, John, 128.
Micou, Paul, Petitioner, 316.
Middlefex County, 98; Burgeffes, 3, 31, 45, 63, 169,
201, 225, 226, 313; Chrift Church Parifh, 327;
Writ for eledting burgeffes, 19, 229, 288.
Midwifery, Bill concerning, 7, 12, 18, 20, 78, 90, 91,
92.
Militia, Account of, 251, 306; Adt concerning, 93;
Report of committee, 296.
Mill, Petition eredl, 268.
Mill Creek, 81, 116, 241.
Mill Stone Quarry, 116, 241, 279.
Miller, Aaron, Petitioner, 283, 294; Reimburfed, 295,
301-
Miller, John, Jr., Claimant, 34, 75, .98.
Milliken, Jo., Member of Affociation, Ixxiv.
Mills, John, Petitioner, 277, 284.
Milner's Warehoufe, Infpedtors' petition, 335.
Minifink Indians, xi.
Minor, Colonel, 248.
Miffiffippi River, xv.
Mitchell, Richard, Burgefs, 3, 31, 45, 63, 169, 201,
22s, 313; Member of Affociation, l.xxiii.
Mitchell, William, 88.
Moffat, Captain, 214.
Mohickon Indians, xi.
Moll, A flave, 121.
Monckton, General, 130; Addrefs to Indians, xii.
Monday, Thomas, Claimant, 75. See Munday.
[ 377 ]
Money, A<ft concerning, xli, xlvi; Paper, xxxvii, 241,
350; Tobacco debts in, xli. See Paper
Money.
Monroe, John, Member of Affociation, Ixxiii.
Monroe, Spence, Member of Affociation, bcxiii.
Montague, A., Member of Affociation, Ixxiv.
Montague, Edward, xxviii, 8, 9, 70, 172, 193.
Montgomery, John, 353.
Montgomery, William, 353.
Moor, Francis. Claimant, 277.
Moore, Bernard, Burgefs, 3, 11, 13, 31, 45, 63, 108,
169, 201, 225, 230, 31^, 338; Lands vefted in,
14, 19, 24, 26, 27; Petitioner, 207.
Moore, Matthew, Claimant, 232.
Moore, Thomas, Claimant, 134.
Morehead, Jofeph, Claimant, 215, 244.
Morgan, Captain, 297.
Mortimer, Charles, Member of Affociation, Ixxiv.
Morton, John, Commiffioner, 15, 74.
Morton's Warehoufe, Infpedlors petition, 176, 242.
Mofby, Littlebury, 319, 320, 323.
Mofby, Mary, 319.
Mofby, Robert, 318, 319.
Mofeley, Edward Hack, Burgefs, 4, 31, 45, 63, 69,
70, 169, 201, 225, 230, 231, 313.
Mofes, A flave, 121.
Mofs, Hugh, Claimant, 81.
Mofs, Capt. John, 248; Reimburfed, 253.
Mountjoy, John, Member of Affociation, Ixxiv.
Mountjoy, Thomas, Member of Affociation, Ixxiv.
Moxmtjoy, Wm. J., Member of Affociation, Ixxiv.
Moxley, Alvin, Member of Affociation, Ixxiv.
Moxom, Henry, Petitioner, 7, 10.
Mulatto Slaves, Adl concerning, 84, 330, 332, ^t,^,
341, 343. 345. i^3\ Bill concerning, 261, 287,
317-
Mnllins, John, Claimant, 232.
Munday, Thomas Claimant, 56. See Monday.
Munford, Robert, Bvirgefs, 313, 358, 362; Commif-
fioner, 359.
Murdock, Jofeph, Member of Affociation, Ixxiii.
Murrell, George, Claimant, 81.
Mufe, William, 127.
Mufkets, 239.
Mufkohge River, ix.
Mufquake Indians, xii.
Mutiny, Bill concerning, 37, 38, 39, 40, 41, 42, 54, 55,
S6. 57, 58.
N.
Nansemond County, 76; Bennet's Creek, 105; Bur-
geffes, 3, 31, 45, 63, 146, 169, 201, 225, 313;
Conftance Warehoufe, 76; Land drained, 214,
215, 217, 218, 219, 222; Milner's Warehoufe,
335; Petition, 79; SirffolkParifli, 264, 266,
293, 295, 309; Writ for ele(fling burgeffes, 19.
Nanfemond Indians, Empowered to fell land, 210,
217, 218: Petition, 181, 208,
Nanfemond Parifh (Lower), 106, 121, 145.
Nanfemond River, 264.
Nanny, A flave, 121.
Nafh, Abner, Burgefs, 3, 31, 45, 63, 169, 201, 225,
3 1 3 ; Commiffioner, 15, 74.
Nafh, John, Commiffioner, 15, 74.
Naffawaddox Warehoufe, Petition, 240.
Naylor, William, 87.
Naylor's Hole, Ferry difcontinued, 267.
Neavill, George, Claimant, 219.
Neavill, George, Jr., Claimant, 244.
Negro Slaves, Aift concerning, 84, 330, 332, t,!,:^,
341, 343. 345. 363; Bill concerning, 261, 287,
317-
Nelfon, A flave, 135.
Nelfon, Thomas, Jr., Burgefs, 4, 32, 46, 64, 77, 170,
202, 226, 230, 314.
Nevil, John, Commiffioner, 251.
Newcaftle, Town of, 255.
New Jerfey, viii.
New Kent County, Biu-geffes, 3, 31, 45, 63, 64, 122,
169, 201, 225, 291, 313; Petition, 79, 82, 97;
Warehoufes, Petition, 105; Writ for eledling
burgeffes, 19, 67.
New Landing, 71, 79; Tobacco Warehoufes, 91.
New London, Bill to eftablifh, 17, 21, 25, 26; Bill to
enlarge, 23.
New River, xiii, xv, 70, 253; Ferry over, 79
Newton, John, Member of Affociation, Ixxiv.
New York, 125, 130, 131, 139, 339.
Nicholas, Robert Carter, Appointed to colledl adls
of affembly, 364; Mentioned, 333.
Nightly Watch, Bill to eftablifh, 183, 184, 187, 193
19s, 196.
Noble, George, Warehoufe on land, 264.
Noble, Rofs, 278.
Nocoknowa, xx.
Nomony River, 16, 206, 209, 211, 213, 222; Ware-
houfe difcontinued, 218.
Norfolk, 18, 96, 185.
Norfolk Borough, 209, 210, 214, 216, 218, 222, 277,
345; Bill to eftablifh nightly watch, 184, 187,
193. 19s. 196; Burgeffes, 3, 31, 45, 63, 169,
201. 225. i^y. Charter explained, 55, 56, 57,
58; Common Hall, 183, 184, 187, 193, 195,
196; Court of Huftings, m, 363; Jurifdidlion
enlarged, 326; Petition, 280, 282; Petition to
eftabhfh nightly watch, 183; Writ for elecSling
biugeffes, 19.
Norfolk County, 3, 237, 245, 284; Burgeffes, 3, 31,
45, 63, 169, 201, 225, 313; Clergy, xlix;
Elizabeth River Parifh, 182, 206, 209, 210,
216, 218, 222, 243, 274; Land drained, 214,
215, 217, 218, 219, 222; Parifhes, 293, 300,
301. i(>y> Petition, 330; Portfmouth Parifh,
182, 243, 274; St. Bride's Parifh, 182, 243,
274; Writ for elecSling burgeffes, 20.
Norman's Ford, 100, 208.
North America, Ivii, 228.
Northampton County, 35; Burgeffes, 3, 31, 32, 45,
63, 144, 146, 169, 201, 225, 313; Naffawad-
dox Warehoufe, 240.
North Carolina, viii, ix, x, 6, 76, 103, 237, 260, 263,
264, 268, 269, 272, 274, 276.
Northern Rum, Duty on, 187, 188; Duty reduced,
185, 194, 196.
Northumberland Covmty, Burgeffes, 3, 31, 45, 63,
169, 201, 225, 313; Petition, 97; Writ for
elecSling burgeffes, 7, 19.
Nottoway Fork, Petition, 328.
Nottoway Indians, 77, 115; Empowered to fell land,
210, 217, 218; Petition, 181, 208.
Nottoway Parifh, 277; Bill to divide, 106, 110, in,
120; Divided, 165; Petition, 97; Reimburfe
St. Luke, 282, 326, 331, 335, 337, 344.
Nottoway River, 181, 335; Bridge over, 76, 79, 99,
105, 107, 120, 165.
O.
OccoQUAN River, 261.
Occoquan Warehoufe, 99; Tobacco infpecfbion, 243.
Occupatia Creek, Warehoufe, 273.
Oconefta, Skiagufta, Warrior, xvii
Odlonia, 328.
Oglefby, Richard, Claimant, 22, 75.
Ohio Expedition, 332; Indians, xx.
Ohio River, ix, xi, xiv, xvii, 80, 85, 115, 179, 233,
296.
Ohio Valley, xxv.
Old Tom, A flave, 121.
Old Town or Keowee, ix.
Onancock, 237, 245.
Onandago, xi.
Oneida Chief, xi.
Opie Indians, xi.
Orangeburg, ix.
Orange Cotmty, 277; Burgeffes, 3, 31, 45, 63, 169,
201, 210, 225, 286, 313; Ocftonia, 328; Writ
for electing burgeffes, 19.
Ordinaries, Regulated, 146, 147, 149, 164, 210.
Ordinary Keepers, Petition, 81, 210.
Oreftes Fort, 93.
Organ, Petition concerning, 355; Repaired, 357, 361,
364-
Orm, Henry, Petitioner, 7, 10.
Orr, John, Member of Affociation, Ixxiv.
Ofbome's Warehoufe, Infpedtors' petition, 84;
Inf pecftors reimburfed , 153.
Otarre, ix.
Otis, James, liii.
Ottaw Indians, xi.
Ourry, Captain, 297.
Over Hill Towns, xviii, xx.
Oyer and Terminer Court, 135, 136.
Overall, John, 129.
Overall, Nathaniel, 129.
Overall, William, 129.
Overton, Samuel, Teftimony of, 270, 271.
Overwharton Parifh, 121.
Owen, Jofeph, Recruit, 20.
[378]
Packet Boat, 185.
Page, John, Burgefs, 3, 8, 31, 45, 63, 68, 69, 125,
169, 188, 193, 201, 22s, 230, 305, 313.
Page, Mann, Burgefs, 3, 31, 45. ^3. ^8, 69, 169, 201,
225, 230, 313; Lands docked, 12, 19, 22, 24,
25, 27; Petitioner, 10, 149.
Page's Warehoufe, 10, 149; Infpedlor reimburfed,
153-
Palmer, John, Petitioner, iii.
Pamunkey River, 258, 331, 338; Hedges or ftone
(tops, 326; Navigation of 252; Page's Ware-
houfe, 149.
Paper Money, xxxvii, 18, 20, 24, 25, 26, 171, 173,
176, 180, 191, 197, 241, 350. See Money.
Paris, Peter, Deferter, 277.
Parifh, Edward, 86.
Parifh, Signe, 90; Vote queftioned, 86.
Parifh, liii; Levy Collectors, fuit againft, xlvii.
Parker, George, 106, 121; Empowered to make
payment, 145; Petitioner, 105.
Parker, Job, Petitioner, 334, 340.
Parker, Richard, Member of Affociation, Ixxiii.
Parker, Thomas, Claimant. 135.
Parramore, Thomas, Burgefs, 3, 31, 45. 63, 77, 106,
121, 148, 169, 201, 225, 231, 313, 335, 344.
Parfons, Thomas, Account of, 340.
Parfon's Caufe. xxxviii, liii.
Patrick, John, Petitioner, 330, 339.
Patten, James, xiv.
Patterfon, Jofeph, Account of, 98.
Patterfon's Creek, 298.
Patty, James, Accotmt of, 97; Claimant, 119.
Paxton Boys, xxiv.
Payne, John, Burgefs, 3, 31, 45. 63, 69, 169, 201,
225, 231, 313.
Payne, Jofias, Burgefs, 3, 31, 45, 63, 169, 201, 225,
231. i'^i' 335-
Paj'ne, Thomas, 88, 90, 96.
Peachej', William, Memorialift, 21, 74, 79, 82; Peti-
tioner, 75; Reimburfed, 83, 121, 165.
Peal, John, Petitioner, 163.
Pearis, Col. Richard, 239; Petitioner, 132, 140,
242, 244, 256; Reimburfed, 140.
Pearis, Capt. Robert, 334.
Pearf all's Level, 91.
Pearfcall Fort, 114.
Pedlars, Licenfed, 143, 160, 162, 163, 164.
Peg, A flave, 121.
Pegram, William, Claimant, 56, 75, 208, 244.
Pelham, Peter, Organift, 216, 222, 364; Petitioner,
216, 355, 357; Reimburfed, 216, 221, 222,
361, 364.
Pendleton, Edmtmd, Burgefs, 3, 7, 8, 11, 12, 13, 14,
17. 31. 35. 36, 37, 39. 40, 41, 45. 50. 51. 52. 54.
63, 68, 69, 71, 72, 92, 94, 97, 98, 112, 115, 118,
122, 125, 138, 143, 144, 146, 147, 149, 150,
169, 173, 176, 180, 181, 184, 185, 187, 192,
201, 204, 206, 207, 208, 210, 212, 216, 217,
225, 230, 231, 241, 247, 248, 249, 251, 252,
253, 255, 257, 258, 261, 277, 280, 283, 286,
287, 288, 289, 291, 292, 294, 298, 300, 305,
313. 327. 328, 330, 332, 334, 335. 336, 339.
348, 350; Oppofe refolutions, Ixv.
Pendleton, John, Burgefs, 31, 32, 45, 63, 69, 152,
156, 169, 194, 201, 225, 231, 282, 286, 293,
305, 313, 334.
Pennfylvania, viii, xi, xii, no, 132. 330, 348, 353,
355. i(>y< Fort Bedford, 296; Governor of,
X, xiii, xiv; Paxton Boys, xxiv.
Perkins, Ifaac, Petitioner, 332, 342.
Perkinfon, William, Claimant, 71.
Peter, John, 1 13.
Peterfburg, 83, 137, 144; Adl to enlarge, 148, 155,
158, 159; Enlarged, 165; Tobacco infpecftion,
109, 112.
Peyton, Henry, Petitioner, 17, 20, 73, 74, 75, 80,
103, 122, 125, 129, 130.
Phelps, John, Petitioner, 278.
Philadelphia, xi, xiv, 131.
Phillips, Captain, 214.
Phillips, John, Claimant, 205, 244.
Phillips, WilHam, Petitioner, 347, 349.
Phy-fic, Bill concerning, 7, 12, 18, 20, 78, 90, 91.
Pierce, Peter, Claimant, 219, 244.
Pierce, Wm., Member of Affociation, Ixxiv.
Pilotage, Rate eftabUfhed, 72, 75, 85.
Pilots, 72, 85, 234, 245, 346; Bill to eftablifh, 124,
146, 155, 156; EftabUfhed, 152, 164.
Pitch, A(5t to infpe(5l, 93, 124, 144; Infpedled, 151,
154, 156, 157. 158, 164, 328. 338, 348, 353,
355. Z(>i-
Pitt, George, Magazine keeper, 239, 306.
Pittfburg, xi, xii, xiv, 175, 187, 296, 297, 331; Works
at, 244.
Pleafants, James, 322, 323, 324; Reimburfed, 326.
Pleafants, John, 307, 317, 319, 323.
Plunket, Jofias, Claimant, 34, 75.
Poindexter, Nimrod, Claimant, 205, 244.
Point Pleafant, xxv.
Poll Tax, 143.
Polfon, Capt. William, 334, 340.
Pork, 106; Adl to infpe(f\;, 93, 123, 144; InfpecSled,
151. 154. 156, 157. 158, 164, 328, 338, 348,
353.355.363-
Port Micou, Petition, 273.
Portfmouth, Bill to enlarge, 177; Town of, 335, 338.
Portf mouth Parifh, Petition. 182, 243, 274.
Pofey, Capt. John, 244; Account of, 195; Company
reimburfed, 142; Petitioner. loi, 109, 134,
141; Reimburfed, no.
Poft, Frederick, xii.
Potomack Falls, 121.
Potomack River, 22, 70. 101, 237, 316, 329, 331;
Clifton's Ferry, 341; Ferry over, 90, 246;
Johnfon's Ferry, 341.
Powder, 237.
Powder Horn, 77, 237.
Powell, Benjamin, Account of, 337; Reimburfed,
361. 364-
Powell, Jofhua, Account of, 252; Claimant, 181;
Petitioner, 244.
Powell, Levin, Claimant, 19, 75; Sub Sheriff, 23, 75,
80.
Powell, Simon, Petitioner, 332, 339.
Powell's Creek, 264.
Price, Rev. Mr., Appointed chaplain, 229, 361.
Price, James, Petitioner, loi.
Price, Leonard, Petitioner, 57; Reimbtirfed, 58.
Price, Samuel, Claimant, 237.
Price, William, Claimant, 237.
Pride, John, Claimant, 56, 75.
Prieft, James, 95.
Prince Edward County, 74; Burgeffes, 3, 9, 15, 31,
45. 63, 73, 75. 83, 169, 201, 225, 313; Court
day altered, 93, 140, 145, 148, 155, 156, 165;
Petition, 315; St. Patrick's Parifh, 76, 79, 86,
91, 92, 120, 165; Writ for electing burgeffes, 19.
Prince George Cotmty, 77; Blandford, 76, 90, iii,
113, 138, 139, 165; Blandford Warehoufe, 76;
Briftol Parifh, 78, 86, 91, 92, 121, 165; Bur-
geffes, 3, 31, 45. 63, 169, 201, 225, 313, 325;
Claim, 232; Coggin's Point, 325; Gaol, 237;
Martin Brandon Parifh, 78, 86, 91, 92, 121,
165. 325. 326, 336. 338, 344; Petition. 108,
112, 264, 329; Powell's Creek, 264; Writ for
ele(Sling burgeffes, 19.
Prince George Fort, ix.
Prince William County, 13, 75, 121, 129, 131, 134,
261, 290, 242; Bill to alter court day, 51, 53,
54. 55. 58; Bull Run, 16; Burgeffes, 4, 17, 20,
31. 45. 63, 73. 75. 80, 104, 122, 126, 130, 145,
169, 201, 210, 225. 276, 313; Commiffioners
report, 235; Dettingen Parifh, 99, 121; Dtim-
fnes, 14, 17, 21, 22, 23, 27, 99, 102, 139;
Juftices, loi; Militia, 93, 101, 262; Petition,
50, 102; Sheriff and Sub Sheriff, 80, 130; Writ
for electing burgeffes, 19.
Princefs Anne County, Burgeffes, 4, 31, 45, 63, 169,
201, 225, 313; Clergy, xlix; Sheriff, 35; Writ
for eledling burgeffes, 19.
Printer, Public, 277; Salary, 308.
Proclamation, Ixxv.
Prorogation, xxxv, 27, 42, 59, 166, 197, 222.
Proffer, Thomas, 314, 326; Accufed of fraudulent
pradlices, 307; Bill concerning, 361, 362;
Burgefs, 225, 226, 269; Information againft,
308, 317, 318, 319, 320, 321, 322, 323, 324;
Reimburfe coft of {jrofecution, 364.
Public Dues, Adb concerning, xlvi.
Public Fees, 149.
Public Printer, Salary, 308.
Public Record Office, vii.
Pulliam, John, Claimant, 11, 75, 215, 244.
Pungoteague Creek, 117.
Pungoteague Warehoufe, Petition, 240.
Purcell, William, Reimbtirfed, 109.
Purrel, William, Petitioner, 10 1.
Putewatimies Indians, xi. ■'■'■-
[ 379 ]
Q.
QuANTico Iron Works, 120, 131.
Qtiantico Warehoufe, Infpetftors petition, 135;
Infpeclors reimburfed, 153.
Quarles, Capt. John, 274.
Quarry, Mill Stone, 241.
Quebeck, 117; Gaol. 1 1 1 ,
Quitrents, xxviii, xxxiv, 15, 16, 73, 74, 86, 87, 89,
95, 172, 174, 180, 182, 184, 185, 188, 192,
194, 196, 261; Bill concerning, 114, 143; Bill
tocollecl, 156.
R.
Races. 134.
Railey, Thomas, Petitioner, 331. "
Rainbow, A fhip, l.xxi, Ixxii.
Ramfay, William, Accounts, 78.
Ramfey, John, Petitioner, 179, 186.
Randolph, Grief, Claimant. loi.
Randolph, John, 105; Appointed to colleeft acfls of
affembly, 364; Burgefs, a;}; Oppofe refolu-
tions, Ixv,
Randolph, John, Clerk of H. of B., 192, 219, 361;
Reimburfed. 25, 40, 57, 192, 219, 361.
Randolph, Peter, xiv; Member of council, Ixvi.
Randolph, Peyton, Appointed to coiled; adls of
affembly, 364; Attorney, Ixv, 7, 9, 12, 15,
17, 20, 22, 23, 25, 34, 36, 38, 39, 41,
49. 5°, 52, 53. 55. 56, 67, 69, 72, 79, 81,
82, 84, 86, 90, 92, 97, 99, 102, 104, 106, 112,
114, 119, 122, 125, 132, 133, 135, 141, 144,
145, 147. 155. 187, 193, 204, 206, 209,
212, 215, 217, 244, 246, 252, 253, 254, 255,
256, 257, 258, 261, 263, 264, 265, 266, 267,
268, 273, 274, 276, 277, 278, 279, 281, 282,
283, 284, 285, 286, 287, 290, 291, 292, 293,
294, 295, 296, 299, 300, 301, 302, 305, 306,
307, 314, 326, 328, 329, 330, 331, 332, 333,
334, 33(>' 337. 338, 339, 340, 341, 342, 343,
344, 345, 346, 348, 349, 350, 351, 354, 355,
356, 357, 358, 359, 360; Burgef, 4, 32, 46,
64, 170, 202, 226, 228, 230, 235, 239, 240,
241, 251, 314, 333.
Randolph, Thomas Mann, Lands docked, 338, 354,
355, 356. 363; Petitioner, 260.
Randolph, William, Burgefs, 3, 32; Deceafed, 7.
Rangers, 328, 332, 339; Company of, 140, 330.
Rankins, Vv'illiam, Claimant, 78.
Ranfdell, Edwd., Member of Affociation, Ixxiv.
Rappahannock River, 150, 234, 316, 327; Ferry
over, 180, 211, 217, 219, 220, 222; Petition,
10, 72, 75, 85.
Rappidan River, 335.
Ray, John, Soldier, 240.
Read, Captain, 85.
Read, William, 95.
Reade, Clement, Burgefs, 3, 31, 45, 63, 107, 155, 156,
157; Deceafed, 173.
Reade, Clement, Jr., Burgefs, 169, 170, 201, 225,
231, 251, 265, 305, 313, 354, 357. 358; Cor-
oner, 315.
Reafner, Garrett, Account of, 340.
"Redor Detedled," A pamphlet, 1, li.
Red Hill, Henry's old eftate, Oppo. xvi, liii.
Redftone, 151.
Reed, John, Infpedtor, 335; Petitioner, 335.
Reeves, Charles, Claimant, 26, 75.
Reeves, Robert, Claimant, 77, 205, 244.
Rentfro, James, Account of, 261.
Rentfro, Jofeph, Petitioner, 261 ; Reimburfe colony,
348, 353, 355, 358; Reimburfe treafurer, 363;
Reimburfed, 267.
Richards, John, Claimant, 280; Empowered to keep
ferry, 184, 187, 194, 197; Member of Affocia-
tion, Ixxiv; Petitioner, 180.
Richardfon, John, Claimant, 237.
Richardfon, Richard, 272.
Richmond County, 78, 267; Burgeffes, 4, 31, 46, 64,
170, 202, 226, 314, 331; Claim, 232; Writ for
elecfting iDiirgeffes, 19.
Richmond, Town of, 330, 335, 338, 341, 345; Peti-
tion, 324, 329.
Riddick, Lemuel, Biu-gefs, 3, 31, 45. 5°. 5i- 53. "3,
68, 69, 70, 107, 117, 119, 169, 201, 205, 214,
225, 230, 231, 293, 305, 308, 313, 316.
Riddick, Willis, Burgefs, 3, 31, 45, 63, 69, 169, 201,
225, 231, 313, 335.
Rifle Gun, 77.
Ritchie, Archibald, Petitioner, 267.
Roads, 79; Bill concerning, 77, 84, 109, 112, 115;
Cleared, 207, 209, 217, 218, 219, 222, 326;
Opened, 334, 337; Public, 138, 142, 146, 164;
Public, act concerning, 139.
Roane, Thos.. Member of Affociation, Ixxiii.
Roane, W., Member of Affociation, Ixxiv.
Roanoke River, 290; Ferry over, 102. See Little
Roanoke River.
Roberts, Mary, 88, 89, 94, 95.
Robertfon, Ale.xander, Accufed of mxirder, xxiii.
Robertfon, Rev. John, Letter from, xlvi.
Robinfon, Anthony, Claimant, iii.
Robinfon, John, Account, 92; Burgefs, 3, 31, 45,
63, 169, 201, 225, 313; Speaker, Ixvi, Ixviii,
5, 7, 8, II, 13, 16, 17, 18, 26, 3^, 34, 38, 47,
49, 5°, 52, 54, 58, 65, 67, 76, 84, 114,
123, 125, 133, 138, 139, 145, 147, 149, 150,
151, 153, 158, 159, 162, 164, 171, 173, 176,
180, 196, 203, 205, 210, 213, 215, 216, 221,
222, 227, 228, 233, 23s, 239, 252, 254, 265,
268, 273, 276, 281, 282, 284, 285, 2S6, 287,
293, 299, 300, 3°8, 3°9, 329, 33°: 332, 333:
337, 339, 341, 344, 349. 358. 362.
Robinfon, Max, Member of Affociation, Ixxiv.
Robinfon, Michael, Petitioner, 78; Reimburfed,
153-
Robinfon, Peter, li.
Robinfon, Will., Member of Affociation, Ixxiii.
Rock, Conftantine, Claimant, 33.
Rock, Samuel, Claimant, 75.
Rockfifh Gap, Road through, 207, 209, 217, 218,
219, 222.
Rocky Ridge, Warehoufe, InfpeClors petition, 84;
Infpecflors reimburfed, 153.
Rodgers, Levin, Petitioner, 237, 245.
Roger, A flave, 121.
Rogers, Mr., Claimant, 51, 75.
Rogers, Urfilla, Petitioner, 81, 85.
Roman Catholic, 127.
Romney, A(5l to eftablifh, 154; Bill to eftabhfh,
100, 105, 144, 148; Eftablifhed, 164.
Rookard, William, 126, 130.
Rofs, David, 320.
Rofs, John, Account of, 106; Claimant, 114.
Roy, Thomas, Petitioner, 316.
Royce, Charles C, "Cherokee Nation of Indians,"
viii.
Royle, Jofeph, Printer, 1, li; Annual allowance, 220,
222, 277; Appointed printer, 11; Petitioner,
11, 38, S3, 153, 178, 214, 277; Printer, 27,
153, 159, i66, 178, 214, 220, 277; Reimbur-
fed, 58, 159, 166, 195, 197; Salary, 12, 22,
55-
Roy's Warehoufe, Infpedlors' petition, 135; Pro-
prietor, 316.
Royfton's Warehoufe, Infpedlors petition, 78, 153.
Rum, 316, 348; Duty on, 181, 183, 187, 188; Duty
reduced, 185, 194, 196.
Runners, 346.
Ruffell, Hind, Clerk, 70, 232; Reimbui-fed, 361.
Ruffell, William, Claimant, 262.
Ruffell's Warehoufe, Infpecftor reimburfed, 153.
Rult, Peter, Member of Affociation, Ixxiii.
Rutherford, Thomas, Burgefs, 3, 31, 45. 63, 91, 98,
162, 169, 201, 225, 231, 296, 298, 300, 313,
335- 34°^ Charge againft Stephen, 251.
Rutherford, Robert, Petitioner, 119, 139; Reim-
burfed, 113, 307, 331.
Ruthdge, George, Petitioner, 325; Reimburfed, 328
S.
Sabin, "Bibliotheca Americana," 1.
Sabine Hall, xlviii.
Sachems, xiv.
St. Andrew Parifh, Empowered to fell, 148, 161,
162, 163, 165; Petition, 143.
St. Anne Parifh, 51; Act to divide, 50; Petition,
12, 73. 139-
St. Bride's Parifh, Petition, 182, 243, 274.
St. Clair, Sir John, 136.
St. David's Parifh, 72; Petition, 99, 137.
St. George Parifh, Petition, 238, 285; Petition with-
drawn, 286.
St. James Parifh, 104; Petition concerning, 235.
St. Luke Parifh, Petition, 277, 282; Reimburfed,
326, 331, 335, 337, 344-
St. Margaret Parifh, Petition, 99, 137.
[380]
St. Mark Parifh, Norman's Ford, 208; Petition,
178. 233. 242-
St. Mary's Parifh, Petition, 72, 331, 338.
St. Patrick's Parifh, 76, 79; Bill concerning, 86, 91,
92, 120; Empowered to levy, 165.
St. Stephen Parifh, 50, 51; Bill concerning, 52, 54,
55, 58.
Salt, Act to import, 159; Imported, 161.
Saluda River, viii.
Sampfon, A flave, 121.
Sanford, Edwd., Member of Affociation, Ixxiv.
Sanford, Jas., Member of Affociation, Ixxiv.
Sandford, Richard, Petitioner, 132.
Santee River, ix.
Savages, Incurfions and Depredations of, 216.
Savannah River, viii, ix.
Sawanefe Indians, xi.
Sawkimg, xii.
Sayers, Alexander, 98, 328; Petitioner, 275, 280.
Scarbrough, Henry, Lands docked, 120, 144, 146,
148, 161, 165; Petitioner, 117.
Schuyler, Colonel, 339, 342.
Scotland Neck, 94.
Scott, Alexander, 121.
Scott, James, Sr., 145, 150, 155, 159, 165; Petitioner
121, 334-
Scott, James, Jr., 121, 145, 150, 155, 159, 165.
Scott, John, 319.
Scott, Thomas, Commiffioner, 15, 74.
Scott, Walter, Reimburfed, 153; Tobacco infpecftor,
'S3-
Scruggs, Thomas, Claimant, 119.
Seaman, Jonathan, Account of, 340.
Seldon, Cary, 87, 96; Account of, 83; Commiffioner,
16, 73-
Seldon, John, 95.
Seldon, Saml., Member of Affociation, Ixxiii.
Senex, John, ix.
Sergant, William, Claimant, 215, 244.
Servant, Betrand, 87.
Servant, James, 87.
Servants, Act concerning, 150, 157, 159, 160, 346,
349, 363; Bill concerning, 261, 265, 276, 347.
Seward, WilUam, Lands docked, 53, 55, 56, 58;
Petitioner, 51.
Sewell, William, Account of, 105; Claimant, 109.
Seymons, John, 130.
Shanapins Town, xiv.
Sharpe, William, Claimant, 237.
Shaw, William, Annual allowance, 186; Petitioner,
163, 179, 186.
Shawanefe Expedition, 277, 284.
Shawanefe Indians, xii, xxiv, 256, 339.
Shawaneffe, 140.
Sheep, 105, 319; Adl to prefer ve, 306; Bill poncem-
ing, 258, 287, 305.
Shenandoah Valley, xxv.
Shepherd, Thomas, Ferry from land, 333, 335, 337,
338, 363; Petitioner. 316, 329.
Shepherd's Town, Petition, 90.
Sheriffs, Bill concerning, 184, 185, 188, 194, 196;
Eledled, 205, 229; Method of appointing,
194, 196.
Shockoe Warehoufe, Infpedlors, 100.
Shot Bag, 77, 237.
Silver, xxxviii; Money, 105.
Simmonds, William, Claimant, 231, 237.
Simmons, John, 127.
Simpfon, Southey, Burgefs, 3, 31, 45, 65, 70, no,
169, 201, 225, 231, 313.
Simpfon, William, Claimant, 11, 75.
Six Nations, viii, ix, x, xi, xii, xiii, xiv, xv, xviii;
Addrefs by Mr. Croghan, xii.
Skelton, Reuben, 255.
Skinner, William, Vote queftioned, 87, 88.
Skins, Exempt from duty, 347, 353. 355. 356, 363;
Frauds prevented, 143, 160, 162, 163, 164.
Slaughter, James, Account of, 340.
Slaves, A(jt concerning, 141, 150, 157, 159, 160, 329,
332, 333' 33(>, 341, 343. 345. 346, 347, 349,
363; Bill concerning, 261, 262, 276, 287; Duty
on, 181, 184, 187, 192, 193, 196, 356; Per-
fonal property, 161, 162, 163; Trial of, 317.
Sleepy Hole, Ferry over, 266.
Small, James, Claimant, 210, 244.
Small Pox, X, 255, 275.
Smith, Abraham, xxi; Petitioner, 325, 328.
Smith, Charles, Annual allowance, 185; Memoria-
lift, 179, 185.
Smith, John, Burgefs, 3, 31, 45, 63, 69, 70, 144, 169
201, 225, 229, 230, 231, 269, 277, 278, 293,
313- ^ . .
Smith, Capt. John, Petitioner, 119, 242, 244, 330,
342; Reimbtu-fed, 276, 340.
Smith, John, Jr., Member of Affociation, Ixxiv.
Smith, Meriwether, Member of Affociation, Ixxiii.
Smith, Richard, Interpreter, 211, 213.
Smith, Thomas, Claimant, 34, 75, 321.
Smith, W., Member of Affociation, Ixxiv.
Smith's Point, 352.
SnafHe Bridle, 77.
Sons of Liberty, Ixvii.
Southampton County, Burgeffes, 4, 32, 46, 64, 170,
202, 226, 314; Claim, 232; Nottoway Par-
ifh, 97, 106, no, III, 120, 165, 277; Notto-
way River, 181; Petition, 75, 79, 112; St.
Luke Parifh, 277, 282; Writ for eledling
burgeffes, 19.
South Branch, 13, 296, 298.
South Carolina, viii, ix, x, 6, 36, 47, 54, 103, 130;
Hard Labor xvii; Governor, x.
Southwark Parifh, 51.
Sowers, Jacob, Claimant, 280.
Spain, XV, xvii, 49; Declaration of war againft, 48.
Spiller, Waddington, 126.
Spiller, William, 126, 128.
Spirits, Duty on, 181, 183.
Spocky Indians, xii.
Spooner, George Wilfon, Petitioner, 237, 246.
Spotfwood, Col. Alexander, in, 207, 208, 210, 212,
216, 220, 222.
Spotfwood, John, 208, 216, 220; Deceafed, 207;
Lands difpofed of, 210, 212, 222.
Spotfylvania County, 268, 275; Burgeffes, 4, 32,
46, 64, 170, 202, 210, 226, 314; St. George
Parifh, 238. 285; Writ for eledling burgeffes,
19.
Squeffatego. xi.
Squirrels, Bill to deftroy, 107, no, 113, 139, 141.
Stand ing Turk, Warrior, xxiii.
Stafford County, 121; Burgeffes, 4, 32, 46, 64, 170,
202, 210, 226, 314, 331; Court day altered,
175, 176, 182, 183, 185, 194, 196; Overwhar-
ton Parifh, 121; Writ for eledling burgeffes, 19.
Stahlnaker, 33; Regiment located at, x, xvii.
Stamp Adl, Iviii, lix, Ix, Ixi, Ixii, Ixiii, Ixiv, Ixxiv;
Adl concerning, Ixxv; Affociation to oppofe,
bixii; Draft of refolutions againft, Oppo.,
xvi. ; Repealed, bcxv; Refolutions againft,
Ixiv, Ixv; Refolutions concerning, Ixxii, Ixxiii,
Duties, refolutions on, 360; Legiflation, Dele-
gates eledled to difcufs, Ixxii; Tax, Determi-
nation to impofe, liv.
Stamps, Cuftodian of, Ixviii.
Standing Turkey, Warrior, ^^.
Stanfted, Soldiers encamped at, 255.
Stanwix, General, xii, xiii, 134, 195; Addrefs to Indi-
ans, xii.
Starke, Mr., Freeholder, 269.
Starling, Jofeph, Under fheriff, 250, 251.
Staunton, William, Deceafed, 262.
Staunton, xx, xxiii, xxiv; Bill to enlarge, 23; Bill
to eftablifh, 12, 17, 21, 25, 26; Petition, 10.
Stears, Abel, Claimant, n, 75.
Stedman, Alexander, 136.
Stedman, Nathaniel, Petitioner, 100, 140; Reim-
burfed, 140.
Stephen, Col. Adam, x, 6, 18, ;}3, 34, 54, 138, 145,
151, 179, 240, 247, 248, 251, 253, 25s, 265,
292, 296, 297, 298, 300, 331, 340; Charge on
condudl of, 251; Letter from, 162.
Stephens, John, 278.
Sterling, Captain, Ixxi.
Sterling Creditors, 192; Debts, 171, 174, 190, 191;
Money, 190, 191; Specie, xxxvii.
Stevens Creek, ix.
Stewart, Alexander, 319, 320, 321.
Stewart, Col. David, 140.
Stewart, Jofeph, Petitioner, 78; Reimburfed, 153;
Tobacco infpedlor, 153.
Stirling Captain, Ixxii.
Stith, Drury, 92; Commiffioner, 15, 74.
Stobo, Robert, Petitioner, 212.
Stone Stops, 154; Provifion againft, 326.
Stover, Peter, 12.
Strafburg, Bill to enlarge, 23; Bill to eftablifh, 17,
21, 25, 26.
Stratford Landing, Warehoufe, 343.
Strays, Adl concerning, 136, 161, 162, 163, 164.
[38i ]
Stuart, John, Supt. Indian Affairs, xix, xx.
Suffolk, Parifh, 274; Bill concerning, 278, 279, 283,
293, 295; Exempt from payment of ferriage,
309; Redlor, 264, 266.
Sugar Trade, 233.
Suggett, Edgecomb, Member of Affociation, Lxxiv.
Suggett, John, Member of Affociation, lxxiv.
Suitor, William, 128, 130.
Summer, Jethro, Petitioner, 265; Reimburfed, 268.
Siunmers, William, Claimant, 125.
Surgery, Bill concerning, 7, 12, 18, 20, 78, 90, 91,
92.
Surry County, 121; Burgeffes, 4, 32, 46, 64, 104,
113, 122, 170, 202, 226, 268, 314, 325; Cob-
ham, 114; Jofeph's Swamp, 264; Gray's
Creek Warehoufe, loi; Petition, 72, 97;
Scotland Neck, 94; Southwark Parifh, 51; Wake-
field, 264; Writ for eledting burgeffes, 19,
67-
Stirveyor's Inftruments invented, 294.
Sufh, Jer., Member of Affociation, lxxiv.
Sufquehannah River, xi.
Suffex Cotonty, Albemarle Parifh, 109, 114, 266,
268, 278, 292, 295, 309; Burgeffes, 4, 32,
46, 64, 170, 202, 226, 314; Petition, 112;
Writ for eledling burgeffes, 19.
Swain, James, Claimant, 11, 75.
Sweene, William, Petitioner, 118, 135.
Swift Run Gap, 275; Road through, 267, 283, 286,
326, 334, 337. 3(>3-
Swilling, David, Claimant, iii.
Sydnor, William, Member of Affociation, Ixxiii.
Syme, John, Burgefs, 3, 13, 17, 19, 31, 45, 63, 169,
201, 205, 225, 230, 313; Lands vefted in,
283, 286, 289, 292, 295, 309; Petitioner, 255.
Sy:ne, Mildred, 255.
Symmond, William, Claimant, 26, 75.
Symmons, Benjamin, Burgefs, 4, 32, 46, 64, 170,
202, 226, 314.
Symfon, Abraham, Claimant, 219, 244.
Symfon, William, Claimant, 219, 244.
Tabb, John, 96; Commiffioner, 16, 73; Deceafed,
89, 95-
Tabb, Thomas, Biu-gefs, 3, 19, 21, 31, 45, 63, 169,
201, 225, 230, 282, 313.
Tacket, William, Claimant, loi.
Talbot, John, Burgefs, 3, 31, 45, 63, 169, 201, 225,
231. 313-
Talbot, William, Petitioner, 68, 71; Reimburfed,
72.
Tanners, Petition, 338.
Tappahannock, 267.
Tar, Adb to infpecft, 93, 124, 144; Infpedled, 151,
154, 156, 157, 158, 164, 328, 338, 348, 353,
355, 3^3-
Tarpley, John. 127.
Tarquin and Caefar, Ixvi.
Tax, Land, 336, 348, 354, 356; On writs, 356; Poll,
356; Public, 114, 158, 160, 161, 164.
Taylor, Edmimd, Burgefs, 313; Eledlion queftioned,
348, 358.
Taylor, James, Burgefs, 3, 13, 31, 45, 63, 69, 169,
201, 225, 230, 231, 313.
Taylor, Richard, Sq., li.
Taylor, William, Burgefs, 313, 358.
Taylor, Zachariah, Claimant, 38, 75.
Teibolt, Michael, Petitioner, 260; Reimburfed, 267.
Tenneffee, xv. River, viii, ix.
Terrier, John, Petitioner, 187, 243, 244; Reimbur-
fed, 259.
Terry, Jofeph, Petitioner, 211, 214, 221; Reim-
biirfed, 221.
Terry, Nathaniel, Burgefs, 3, 31, 45, 63, 107, 122,
169, 201, 225, 231, 265, 273, 314; Commif-
fioner, 290; Sheriff of Halifax, 317.
Thayer, George, 126, 130.
Thomas, Governor, xiv.
Thomas, Benjamin, Claimant, 232.
Thomas, Cornelius, Burgefs, 3, 31, 45, 63, 81, 116,
169, 201, 225, 231, 241, 279, 313.
Thomas, Michael, Claimant, 11, 75.
Thornton, Francis, 268, 275.
Thornton, Francis, Jr., Member of Affociation,
Ixxiii.
Tibbs, Daniel, Member of Affociation, Ixxiii.
Tilman, Paul, Evidence of, 272.
Thompfon, William, Claimant, 253.
Thornton, Prefley, Burgefs, 3, Council for Col-
ony, 7; Succeffor elecfted, 32.
Thornton, William, Burgefs, 3, 31, 45, 63, 69, 169,
201, 225, 231, 313.
Three Penny Adl, 1.
Thurfton, James, Petitioner, 132.
Timberlake, Mr., Enfign, xviii.
Timberlake, Henry, Petitioner, 208, 213.
Tinley's Point, Petition for warehoufe, 105.
Tinfley, Charles, Claimant, 104.
Tippling Houfes, Reftrained, 81, 90, 116, 146, 147,
149, 164, 210.
Tobacco, 66; Bill concerning, 81, 84, 100, 109, Crop,
245; Debts, atft concerning, xli, .xlvi; Duty
on, 350; Infpedlion, 97. 83, 91, 99, 100, 108,
109, 14s; Infpecftion difcontinued, 72; In-
fpe(5tors' petition, 84, 105, 108, 132, 133, 135,
176, 240, 242, 284, 316, 334, 340; Infpedlors
reimburfed, 153; Law, Iviii, 234, 236; Notes,
143, Petition to difcontinue infpedtion, 206,
243, 264; Petition to eftablifh infpecftion,
109, 315; Petition to eredl warehoufe, 112;
Pickers, 235, 325; Reviewed by juftices of
peace, 258; Short crop, xli, xlvi; Staple
amended, xli, xlvi, 93, 99, 102, 112, 145, 147,
148,150, 151, 152, 153, 155, 157, 164, 215, 216,
218, 219, 220, 221, 249, 258, 263, 265, 273,
276, 280, 281, 282, 284, 285, 286, 287, 291,'
294, 298, 299 315, 317.329.339. 341, 343. 346!
349. 351. 353. 354. 362, Stolen, 135, 316, 328,
340; Unneceffary infpedlion, 266; Value of
infpedled, xxxix; Warehoufe diifcontinued
209, 211, 213, 218, 222; Warehoufes for, 100;
Warehoufes, petition concerning, 263.
Todd, Betty, Petitioner, 143, 148.
Todd, Richard, Lands docked, 282, 286, 288, 293,
295, 309; Petitioner, 277.
Todd, William, Deceafed, 277; Petitioner, 11, 148;
Town on land, 148.
Todd's Warehoufes, Town at, 72, 143, 148, 153.
Toll, 145.
Tom, A Have, 71, 102.
Tomlenion, William, Claimant, 13.
Tomlinfon, James, Claimant, 83.
Tomlinfon, William, Claimant, 75.
Tompkins, Harry, Freeholder, 269, 270.
Tompkins, William, 126, 127.
Tony, A flave, 121.
Toombs, Thomas, Claimant, 52, 75.
Town, Bill to eftablifh, 72, 100; Petition to eftab-
lifh. 72, 75, 79, 82, 99.
Towns, John, Claimant, 134.
Townfend, Lord, Ixxvi.
Travis, Edward Champion, Burgefs, 3, 31, 45, 63,
69, 169, 201, 225, 231, 280, 313, 335.
Treafurer, Accoimt before the Houfe, 115; Accounts
examined, 143, 149; Bill for appointing,
8, 16, 18, 23, 25, Report to the Houfe, 294.
Treaftiry Notes. 173, 191; Examined, 177; Redemp-
tion of, 192; State of, 177.
Treafury, Public, 132, 356, 357.
Tremble, John, Claimant, 344.
Trent, Peterfield, Petitioner, 285, 286, 315.
Triftoe, Richard, 127.
Trotter, William, Claimant, 81.
Truro Parifh, Bill todivide, 236, 238, 239, 273; Divi-
ded, 308, 346, 347, 348, 350, 363; Lands added
to, 119, 156, 157, 165; Petition, 23, 75, 116,
117, n8, 233, 337, 341; Veftiy diffolved,
136.
Tuckahoe Creek, 77, 116, 241, 279.
Tucker, William, Vote queftioned. 88.
Tucker's Plantation, 72, 79, 99.
Tugaloo River, viii.
Turberville, George, Member of Affociation, lxxiv.
Tttrke, Standing, Warrior, xxiii.
Turner, Charles, Claimant, 205, 244.
Turpentine, Adl to infped:, 93, 124, 144, 151, 154,
156, 157, 158. 164, 328, 338, 348, 353 355. 363-
Turpin, Thomas, 318, 319, 323; Reimburfed, 326.
Tufkarora Indians, 58, 115; Prefents to, 53, 57.
Twightwees Indians, xi.
Two Penny Adl, xxxviii, xli, 1.
Tyler, John, 127.
Tyler, William, Petitioner, 70, 90.
Tyrie, Dr. James, Deceafed, 237.
U.
Underwood, Thomas, E\'idence of, 270, 272.
[ 382 ]
Upfhaw. James, Member of Affociation, Ixxiv.
Upfhaw, John, Burgefs, 3, 19, 31, 45, 63, 69, 70, 157,
169, 201, 225, 231, 305, 313, 334, 335; Mem-
ber of Affociation, Ixxiii.
V.
Vance, John, Claimant, 35, 75.
Vance, Samuel, Account of, 98.
Vaughan, Martin, Claimant, 34, 75.
Vaughan, Shadrach, Under Sheriff, 331.
Vaufs Fort, 339.
Veal, Thomas, Burgefs, 31, 63, 70, 169, 177, 201, 225,
231. 313-
Veffels, Publifh freight, 100
Virginia, viii, ix, x, xiv, xv, xvi, xvii, xviii, xxii, xxiv
XXV, xxvii, xxxvi, xxxvii, xlii, xlv, xlix, liv,
Ivii, Ixiv, Ixvii, Ixxii, Ixxiv, 103, 130, 171,
179, 204, 255, 257, 304, 360; Arms of, 333,364;
Affembly, vii, 3$;i; Burgeffes, xxxvii, Iv,
206; Clergy of, xUi, xlviii, 1, lii; Court of
Appeals, prefident, xh'ii; Current silver mon-
ey, 105; Diocefe, xlvii; Governor of, 351;
Indian factory, 354, 356, 357, 359, 361, 362.
Virginia Regiment, x, 7, 18, 38, 42, 47, 52, 66, 68, 70,
74, 81, 91, 100, loi, 109, III, 115, 117, 118,
119,120, 122, 131, 133, 134, 135, 140, 142,
150, 160, 166, 175, 179, 187, 212, 236, 243,
247, 252, 255, 259, 262, 274, 275, 276, 280,
324. 340, 342, 353; A($l concerning, 26, 35,
36; Armorer, 240, 260; Bill concerning, 40;
Captains, 94, 121, 134; Memorial, 21, 36, 38,
124, 137, 152, 332, 339; Officers, 102, 106;
Officers reimburfed, 41, 42, 165; Petition, 185 ;
Reimburfed, 137, 146, 194, 197; Refolve
concerning, 39; Steps to difband, ^S' Sur-
geon, 151, 278.
Virginia State Library, vii, viii.
Virginians, 58.
W.
Wade, Captain, 71.
Wade, Hampton, Petitioner, 288, 290, 326.
Wade, Robert, Biugefs, 3, 31, 45, 63, 169, 201;
Deceafed, 229; Succeffor eleefted, 226.
Wager, William, Burgefs, 3, 9, 15, 18, 31, 37, 45, 63,
73> 75. 86, 94, 96, 98, 157, 169, 201, 225, 256,
305. 3''^i'' Not duly elected, go.
Waggoner, Captain, 100.
Wakefied, 264.
Wake, Anthony, Burgefs, 4, 31, 45, 63, 169, 201, 225,
230, 231, 280, 313, 343.
Walker, Doctor, 131.
Walker, George, 96.
Walker, James, Burgefs, 3, 8, 18, 31, 45, 51, 53, 63,
69. 107, 154, 169, 201, 211, 225, 313; Peti-
. tioner, 94, 102, 106, 184, 243, 244, 276.
Walker, Thomas, Burgefs, 3, 6, 31, 45, 63, 107, 152,
155. 157. 169, 201, 225, 229, 230, 280, 298,
300, 305, 313, 335, 337, 354; Petitioner, 289,
381; Reimburfed, 11, 22, 27, 289.
Walker, William, Claimant, 213.
Wall, James, 92.
Wallace, James, Burgefs, 90; Petitioner, 9, 15, 18,
37. 73. 75. 86, 94; Reimburfe Wager, 98.
Waller, Benjamin, Appointed to coUedl adts of af-
fembly, 364; Burgefs, 305, 333.
Walthoe, Nathaniel, Clerk of coimcil, 5, 9, 13, 18, 22,
24, 25, 26, 33, 40, 41, 42, 47, 52, 55, 56, 57,
58, 65, 76, 120, 133, 138, 139, 142, 146, 149,
151. 154. 156, 157. 158, 161, 163, 164, 171,
175, 192, 193, 194, 19s, ig6, 203, 210, 216,
218, 219, 220, 221, 227, 235, 252, 273, 283,
287, 295, 299, 301, 307, 308, 332, 336, 337,
338, 342, 343. 344. 345. 346, 349, 351. 353.
354, 355. 358, 359. 361, 362; Reimburfed, 25,
40, 57, 192, 219, 361.
Walton, Ifaac Rowe, Burgefs, 3, lo, 14, 31, 45, 63,
69. 73. 75..139. 169, 201, 225, 265, 313; Elec-
tion queftioned, 92; Reimburfed, 265.
Ward, Mr. 88.
Ward, Seth, Biu-gefs, 226, 313, 345.
Warehoufes, Bill concerning, 91; Difcontinued, 97;
Infpe(ftors petition, 105; Petition to eredi,
III, 112; Public, 91, 97, 99, 100, 108, 109.
Waring, Francis, Member of < ffociation, Ixxiii.
Warren, Peter, Petitioner, 134-
Warrington, Rev. Mr. Thomas, 16, 73, 90, 96; Vote
queftioned, 89, 95.
Warwick, Jofeph, Claimant, 26, 75.
Warwick Coimty, 208, 268; Burgeffes, 4, 32, 46,
64, 170, 202, 210, 226, 278; Court day
altered, 220, 221, 222; Writ for eledling bur-
geffes, 19.
Warwick Warehouse, Infpedlors reimburfed, 153.
Wafh, John, 278, 284.
Wafh, Sufannah, Petitioner, 278; Reimburfed, 284.
Wafhington, Charles, Member of Affociation, Ixxiii.
Wafhington, Col. George, 179, 343; Burgefs, 3, 7,
10, 31, 45, 63, 92, 97, loi. III, 117, 169, 176,
180, 201, 225, 230, 247, 313.
Wafhington, John Augt., Member of Affociation,
Ixxiv.
Wafhington, Laurence, Member of Affociation,
Ixxiv.
Wafhington, Samuel, Member of Affociation, Ixxiii.
Watch, Bill to eftablifh, 184, 187, 193, 195, 196;
Petition to eftablifh, 183.
Wateree River, i.x:.
Watkins, Henry, 128; Commiffioner, 15, 74.
Watkins, William, 128, 130,
Watfon, Matthew, Petitioner, 153.
Watts, John, InfpeCtor, 328; Member of Affociation,
Lxxiii; Petitioner, 316; Reimbiu-fed, 328.
Waugh, Alexander, Petitioner, 238; Reimburfed,
212, 222, 244.
Waugh, Alexander, Jr., Petitioner, 13, 14.
Webb, James, Jr., Member of Affociation, Ixxiii.
Weeks, Charles, Member of Affociation, Lxxiii.
Welton's Meadow, 248.
Weft, John, 17; Burgefs, 3, 31, 45, 63, 69, 169, 201,
225, 231, 233, 292, 313, 335, 348; Lands
docked, 12, 13, 21, 22, 27; Petitioner, 11.
Weftmoreland County, 70, 246, 351; Biu-geffes, 4,
20, 32, 46, 64, 170, 202, 226, 314; Claim,
232; Nomony River, 16, 206; Originators of
oppofition againft Stamp Acft, Ixxii; Petition,
71, 79, 206, 343; Writ for elecfling burgeffes,
19; Yeocomico River, 91.
Weft Point, Town of, 11.
Weft Virginia, viii, ix, xv, xvii, xviii, xxv.
Wharf, Eredted, 112; Repaired, log, 132, 141.
Wheel Carriages, Tax on, 181, 184, 187, 192, 193,
196.
Wheeler, Benjamin, Claimant, 232.
Whigs and Patriots, liv.
White, Rev. Alexander, Letter from, xlvi.
Whiting, Thomas, Burgefs, 3, 8, 31, 45, 63, 68, 69,
70, i6q, 201, 225, 230, 231, 313.
Wicomico Warehoufe, Infpecftors petition, 133;
Infpecftors reimburfed, 153.
Widows' Rights, Act concerning, 84.
Wilkinfon, Rev. Thomas, Letter from, xlvi.
Will, A Have, 121.
William, John, Claimant, 77.
William and Mary College, xlv; Governors and vifi-
tors. 151, 154. 1 66.
Williams, Henry, Claimant, 78; Petitioner, 81, 85.
WilUams, John, Member of Affociation, Ixxiv.
Williams, Jofeph, Claimant, 244.
Williamfburg, xiii. xvii, xviii, xix, xxi, xxii, 1, li, 18,
21, 22, 23, 98, 105, 108, 123, 125, 147, 156,
157. 165, 185, 208, 216, 236, 238, 250, 327,
332. 335. 355. 357. 358. 364; Adt to enlarge,
184, 187, 194, 196; Alderman's petition, 123;
Bill to enlarge, 176, 177; Burgeffes, 4, 32,
46. 64, 170, 202, 226, 314; Common Coun-
cil's petition, 123; Common Hall, 207; Em-
powered to affefs taxes, 209, 213, 214, 217,
218, 222; Lots vefted in purchafers, 360, 361,
363; Magazine in, 78, 137, 144, 147, 149, 163,
164, 239, 334, 337. 344.. 345. 349. 363: May-
or's petition, 123; Petition, 210, 330; Public
gaol, 361; Public magazine, 306; Record-
er's petition, 123; Writ for electing burgef-
fes, ig.
Willie, Rev. William, Letter from, xlvi.
Willis, John, 92; Commiffioner,_ 15, 74.
Willis, "Lewis, Member of Affociation, Ixxiii.
Willis, Robert, Petitioner, 57.
Willis's Creek. 321; Dam over, 116; Grift Mill on,
112, 141, 160, 162, 163, 165.
Wilfon, Major, George, 248; Reimburfed, 253 .
Wilfon, James, Annual Allowance, 220; Petitioner,
214, 220; Reimburfed, 220.
Wilfon, John, Bvu-gefs, 3, 7, 10, 17, 21, 31, 45. 63,
69, 84, III, 169, 201, 207, 214, 215, 225, 230,
231. 313. 335-
[ 383 ]
Wilfon, Thomas, High Sheriff, 113.
Winchefter, xx, 36, 77, 80, 119, 195, 248, 251, 297,
298, 342; A61 to enlarge, 184, 187, 194, 196;
Bill to enlarge, 176, 177; Fort Loudoun, 139!
Wine, 113.
Winfton, Major, li.
Winfton, John, 270.
Winfton, Jofeph, Petitioner, 211, 221; Reimburfed,
221.
Winfton, William, 255; Petitioner, 209, 330.
Winfton, William, Jr., Reimburfed, 339.
Wife, John, Jr., Petitioner, 237, 245.
Wolves, Reward for killing, 183, 243, 258, 260, 275,
291. 300. 305. 306, 3°8, 3°9. 325. 331. 332.
333. 336, 337. 363-
Wood, James, Commiffioner, 251.
Wood, Mary, Petitioner, 119, 139.
Wood, Thomas, 86, 91, 165; Petitioner, 76, 79;
Reimburfed, 92, 120.
Woodbridge, John, Btirgefs, 4, 13, 31, 46, 64, 78, 170,
202, 226, 230, 314.
Woodcock, John S., Member of Affociation, Ixxiv.
Woodford, Lieut. William, Account of, 39.
Woods River, xiii.
Wormeley, Ralph, Burgefs, 3, 31, 39, 45, 63, 107,
169, 201, 229; Lands docked, 122, 144, 146,
147, 149, 165; Petitioner, 98; Succeffor
eledled, 226.
Wray, George, Commiffioner, 16, 73.
Wray, Jacob, 18; Commiffioner, 73.
Wren, William, Petitioner, 284.
Wright, William, Claimant, 71; Poll taker, 291.
Wyndot Indians, xi, xii, 52.
Wynn, John, Account of, 340; Teftimony of, 272.
Wythe, George, Appointed to colledl acSts of affembly,
364-
Wythe, George, Burgefs, 3, 8, 13, 16, 17, 18, 20, 22,
24, 25, 31, 39, 40, 45, 63, 68, 69, 84, 89, 90,
95. 96, no, 115, 119, 146, 148, 151, 154, 156,
158, 160, i6i, 169, 173, 181, 185, 194, 196,
201, 219, 221, 225, 230, 231, 241, 257, 283,
294, 305. 313. 327 33i< 333, 344, 347. 357
361, 362; Oppofe refolutions, Ixv.
Y.
Yancey, Richard, Claimant, 262.
Yates, Rev. Mr., Chaplain, 7, 34, 49, 67, 173, 192,
205, 219; Reimbiirfed, 25, 40, 57, 192, 219.
Yauyaugaine, 140.
Yawyawgania, loi.
Yeargain, Edward, Vote queftioned, 89, 95.
Yellow Betty, A flave, 121.
Yellow Jenney, A flave, 121.
Yeocomico River, Warehoufes on, 71, 79, 91; In-
fpeiflors reimburfed, 153.
York County, 237, 245, 291; Burgeffes, 4, 32, 46,
64. 1.54, 170. 202, 210, 226, 314, 331, 357;
Petition, loo, 109, 210, 342; Writ for elecSting
burgeffes, 19.
York-Hampton Parifh, 1.
York River, Petition, 327.
Yorktown, Petition, 81, 90; Tobacco infpedtion
100, 109.
Young, John, Petitioner, 331.
Young, Smith, Member of Affociation, Ixxiii.
Young, Thomas, 126.
Young, William, Accufed of murder, xxiii; Infpecftor
328; Petitioner, 316; Reimburfed, 328.
Z WILLING, David, Petitioner, 119.
THE COLONIAL PRESS
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